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When is the deadline for written representations in response to a notice of intent to impose a penalty?

The catalogue records a 21 days period from The giving of the notice of intent by the Commissioner. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
21 days
Trigger
The giving of the notice of intent by the Commissioner
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • 21 days is a statutory minimum on the Commissioner, not a fixed period: the notice of intent must specify the period and it is frequently longer, and the Commissioner will often agree an extension on request in a substantial case. Read the actual period off the notice rather than assuming 21 days. The consequence of the period is hard, though: Schedule 16 para 4(1) provides that the Commissioner "may not give a penalty notice to the person before a time, or before the end of a period, specified in the notice of intent for making oral or written representations", and para 4(2) requires the Commissioner to consider any representations made in accordance with the notice.
  • Where the Commissioner considers oral representations appropriate, para 3(5) requires the notice of intent to state that and specify the arrangements and timing - a separate date to diarise. CURRENCY: Schedule 16 paras 2(2) and (3) were omitted with effect from 5 February 2026 by DUAA 2025 s.101(2), removing the former six month time limit on giving a notice of intent.

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