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The Genetic Technology (Precision Breeding) Regulations 2025

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Change 1

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As published

49 Review of enforcement notices

(1) A person to whom an enforcement notice is issued under this Part may require the Secretary of State to review the decision to issue the notice. (2) A request for a review under paragraph (1) must be made before the end of the period of 28 days beginning with the day on which the notice is issued. (3) The grounds for a review under paragraph (1) are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) in the case of a compliance notice or a stop notice, that any steps specified in the notice were unreasonable; (d) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued; (e) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable; (f) that the decision was unreasonable for any other reason. (4) The Secretary of State may give due regard to any additional information or evidence provided by the person making the request under paragraph (1). (5) On review of an enforcement notice, the Secretary of State must— (a) decide whether to uphold, vary or revoke the notice; (b) give notice to the person who requested the review, within a reasonable period, setting out— (i) the Secretary of State’s decision, and (ii) the reasons for that decision; (c) where relevant, inform the person of the right to appeal to the First-tier Tribunal. (6) The Secretary of State may suspend the operation of any compliance notice or monetary penalty notice to which the review relates pending the outcome of the review.

Your change, as a redline

49 Review of enforcement notices

(1) A person to whom an enforcement notice is issued under this Part may require the Secretary of State to review the decision to issue the notice. (2) A request for a review under paragraph (1) must be made before the end of the period of 28 days beginning with the day on which the notice is issued. (3) The grounds for a review under paragraph (1) are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) in the case of a compliance notice or a stop notice, that any steps specified in the notice were unreasonable; (d) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued; (e) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable; (f) that the decision was unreasonable for any other reason. (4) The Secretary of State may give due regard to any additional information or evidence provided by the person making the request under paragraph (1). (5) On review of an enforcement notice, the Secretary of State must— (a) decide whether to uphold, vary or revoke the notice; (b) give notice to the person who requested the review, within a reasonable period, setting out— (i) the Secretary of State’s decision, and (ii) the reasons for that decision; (c) where relevant, inform the person of the right to appeal to the First-tier Tribunal. (6) The Secretary of State may suspend the operation of any compliance notice or monetary penalty notice to which the review relates pending the outcome of the review.

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