Clause 33 - Right to review of certain decisions
Mr John Healey (Economic Secretary, HM Treasury; Wentworth, Labour)
The clause requires the commissioners to review any decision that there has been a breach of a legal obligation when the relevant business or individual so requests. That is an important provision.
For contraventions not involving evasion, the commissioners may decide not to assess a penalty, but may inform the business or individual concerned that future performance will be formally monitored for a specified period. The clause gives the business or individual the right to challenge the commissioners' contention that a contravention has occurred and, therefore, to challenge the decision formally to monitor performance. The right to require reconsideration by the commissioners also applies to any demand notice issued in respect of any liability to penalties under clauses 25 and 26.
Mr Nicholas Winterton (Macclesfield, Conservative)
I remind the Committee that I understand through the usual channels that it has been agreed that we should sit until around 7.30 pm. I suggest that I call a tea break at or about 5 pm, when a Division will take place. I hope that that is convenient. The Chair always seeks to be as helpful to the Committee as possible.
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half-past Two o'clock.