Section 237C | When a conduct notice given under section 237A(8) is “provisional”

(1)This section applies to a conduct notice which—

(a)is given to a person under section 237A(8), and

(b)relies on a Case 3 relevant defeat.

(2)The notice is “provisional” at all times when it has effect, unless an authorised officer notifies the person that the notice is no longer provisional.

(3)An authorised officer must notify the person that the notice is no longer provisional if subsection (4) or (5) applies.

(4)This subsection applies if—

(a)the condition in subsection (5)(a) is not met, and

(b)a full relevant defeat occurs in relation to P.

(5)This subsection applies if—

(a)two, or all three, of the relevant defeats by reference to which the conduct notice is given would not have been relevant defeats if paragraph 9 of Schedule 34A had effect with the substitution of “ 100% of the tested arrangements ” for “75% of the tested arrangements”, and

(b)the same number of full relevant defeats occur in relation to P.

(6)A “full relevant defeat” occurs in relation to P if—

(a)a relevant defeat occurs in relation to P otherwise than by virtue of Case 3 in paragraph 9 of Schedule 34A, or

(b)circumstances arise which would be a relevant defeat in relation to P by virtue of paragraph 9 of Schedule 34A if that paragraph had effect with the substitution of “ 100% of the tested arrangements ” for “75% of the tested arrangements”.

(7)In determining under subsection (6) whether a full relevant defeat has occurred in relation to P, assume that in paragraph 6 of Schedule 34A (provision limiting what can amount to a further relevant defeat in relation to a person) the first reference to a “relevant defeat” does not include a relevant defeat by virtue of Case 3 in paragraph 9 of Schedule 34A.