(1) As soon as practicable after the Board receives a return under section 41 from a PDF, the Board must consider whether the PDF has been complying with this Act since:
(a) if the Board has received from the PDF an earlier return, or earlier returns, under that section--the Board received the earlier return, or the last of the earlier returns, as the case requires; or
(b) otherwise--the day on which the PDF became a PDF.
(2) In considering whether the PDF has been so complying, the Board must have regard to the information included in the first - mentioned return and to any other relevant information that is available to the Board.