201Cancellation and variation in other circumstances

201 Cancellation and variation in other circumstances

(1)  This regulation applies if –

(a) the Competent Authority considers that a ground exists to cancel or vary an administrative determination or an approval (the proposed action); and

(b) regulations 198 , 199 and 200 do not apply to the proposed action.

(2)  The Competent Authority must give to the person to whom the determination applies or the approval was given a written notice that –

(a) states what the proposed action is; and

(b) if the proposed action is to vary the determination or approval, sets out the proposed variation; and

(c) sets out the ground for the proposed action; and

(d) outlines the facts and other circumstances forming the basis for the ground; and

(e) invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken.

(3)  If, after considering any written statement made within the period specified in subregulation (2)(e) , the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may –

(a) cancel or vary the determination or approval; or

(b) if the proposed action is to vary the determination or approval in a specified way, vary the determination or approval in that way.