Past version: effective from 21/07/2020 - 17/02/2021
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1.21 Subsection 54(5) of the CLR requires the Registration Authority to publish a statement of its procedure for the giving of statutory notices. The procedure must be designed to secure, among other things that the decision which gives rise to the obligation to give a statutory notice is taken by a person not directly involved in establishing the evidence on which that decision is based or by two or more persons who include a person not directly involved in establishing that evidence.
1.22 The types of statutory notices and related notices, and the principal references to them in the CLR are set out in Table 1, below.
Table 1: Summary of statutory and related notices
|Warning Notice||Gives the recipient details about action that the RA proposes to take and about the right to make representations.||Section 47|
|Decision Notice||Gives the recipient details about action that the RA has decided to take. The RA may also give a further decision notice if the recipient of the original decision notice consents.||Section 48|
|Notice of Discontinuance||Identifies proceedings set out in a warning notice or decision notice and which are not being taken or are being discontinued.||Section 49|
|Final Notice||Sets out the terms of the action that the RA is taking.||Section 50|
|Supervisory Notice||Gives the recipient details about action that the RA has taken or proposes to take, for example, to vary a condition.||Section 54(13)|
1.23 In the Manual the supervisory notice about a matter first given to the recipient is referred to as the “first supervisory notice” and the supervisory notice given after consideration of any representations is referred to as the “second supervisory notice”.
1.24 The requirement in subsection 54(5) of CLR to publish a procedure for the giving of notices does not extend to the giving of a notice of discontinuance or a final notice. Neither of these notices is a statutory notice for the purposes of the Manual; nor is the decision to give such a notice a statutory notice associated decision.
1.25 For a list of actions that require the issuance of a warning or decision notice, please refer to Annex 1.
1.26 For a list of actions that require the issuance of a supervisory notice, please refer to Annex 2.