Commentary on Sections Section 55 – Challenging existing duties
88.Where P is in receipt of a compliance notice which already requires P to comply with a standard, this section allows P to apply to the Commissioner for a determination as to whether or not the requirement for P to comply with a standard, or to comply with it in a certain respect, is unreasonable or disproportionate.
89.The Commissioner may refuse to accept an application under this section if he or she is satisfied that there has been no material change in P’s circumstances since the day on which P was first required to comply with that standard (wholly or in a particular respect) or since the day that the Commissioner determined the relevant question on a previous application under this section (if a previous application has been made).
90.In this section, “relevant question” means the question to which an application under this section relates of whether the requirement to comply with the standard, or to comply with the standard in a particular respect, was unreasonable or disproportionate.