29. Replacement of regulation 28 and new regulation 29

In the principal Regulations, replace regulation 28 with —“Variation, etc., of conditions by Authority28.—

The Authority may at its discretion —

vary or revoke any condition imposed by the Authority under these Regulations (called in this regulation Condition X);

waive Condition X, subject to any condition that the Authority may impose; or

impose a new condition in addition to Condition X.

The Authority must not vary, revoke or waive, or impose a new condition in addition to, Condition X, unless the Authority has first served on the person on whom Condition X has been imposed a written notice, giving the person an opportunity to show cause within a specified period why Condition X should not be varied, revoked or waived, or why a new condition should not be imposed.

After considering any submissions made by the person mentioned in paragraph (2), the Authority may, by written notice given to the person, vary, revoke or waive Condition X, or impose the new condition.

The variation, revocation, waiver or imposition mentioned in paragraph (3) takes effect when the notice is given or on any later date specified in the notice.Application to vary, revoke or waive conditions29.—

Any person on whom any condition has been imposed by the Authority under these Regulations (called in this regulation Condition X) may apply to the Authority to vary, revoke or waive Condition X.

An application under paragraph (1) must be —

submitted to the Authority in the form and manner specified by the Authority; and

accompanied by any information or document that the Authority may require to decide on the application.

The Authority may refuse to consider an application under paragraph (1) if the application is ––

incomplete; or

not submitted in the form or manner, or accompanied by the information or document, mentioned in paragraph (2)(a) or (b).

After considering the application mentioned in paragraph (1), the Authority may, by written notice given to the applicant —

vary or revoke Condition X; or

waive Condition X, subject to any condition that the Authority may impose.

The variation, revocation or waiver mentioned in paragraph (4)(a) or (b) takes effect when the notice is given or on any later date specified in the notice.

To avoid doubt, Condition X includes any condition imposed as a condition of a waiver under paragraph (4)(b).”.