58Withdrawal of order

58 Withdrawal of order (1) The Fines Recovery Unit may, on application or on its own initiative, withdraw an enforcement order if satisfied that the order was made in error. (2) The Fines Recovery Unit must withdraw a penalty enforcement order if requested to do so by the enforcement agency that issued the infringement notice to which the order relates. (3) An enforcement order may be withdrawn completely or only to the extent of some of the infringement notices or fines (as the case may be) to which it relates. (4) If an enforcement order is withdrawn completely: (a) the order ceases to have effect; and (b) any enforcement action already taken is to be reversed to the extent practicable, unless the same enforcement action is authorised under another enforcement order; and

Fines and Penalties (Recovery) Act 2001 30 (c) enforcement costs are not payable in respect of the issue of the order and, if paid, are to be dealt with under section 112; and (d) any amount that has been paid under the order is to be dealt with under section 112. (5) If an enforcement order is withdrawn only to the extent of some of the infringement notices or fines (as the case may be) to which it applies: (a) the order continues to have effect in respect of the remaining infringement notices or fines to which it applies; and (b) any amount that has been paid under the order is to be applied as follows: (i) first – to any enforcement costs in respect of the order; (ii) second – to payment of the remaining infringement notices, or fines (as the case may be), to which the order applies; (iii) the surplus, if any, is to be dealt with under section 112. (6) The withdrawal of an enforcement order does not prevent the making of a further enforcement order in respect of the infringement notice or fine (as the case may be).