PART 5ENFORCEMENT OF STANDARDS

CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Preventing continuation or repetition of D's failure

I179Requirement to prepare action plan or take steps

1

This section applies if the Commissioner—

a

determines that D has failed to comply with a relevant requirement, and

b

decides to require D to do either or both of the following—

i

to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

ii

to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement.

2

The relevant decision notice must set out what the Commissioner requires D to do.

3

If the Commissioner requires D to prepare an action plan, the relevant decision notice must specify the period within which D must—

a

produce a first draft plan, and

b

give that draft to the Commissioner.

4

The relevant decision notice must inform D of—

a

the consequences if D does not comply with a requirement included in the notice by virtue of this section; and

b

the right to appeal under section 95.

5

This section is subject to section 85.

6

In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.

I280Action plans

1

This section applies if the Commissioner gives D a decision notice which requires D to prepare an action plan.

2

D must give a first draft plan to the Commissioner within the period specified in the decision notice.

3

After receiving a first draft plan from a person the Commissioner must—

a

approve it, or

b

give the person a notice which—

i

states that the draft is not adequate,

ii

requires the person to give the Commissioner a revised draft by a specified time, and

iii

may make recommendations about the content of the revised draft.

4

Subsection (3) applies in relation to a revised draft plan as it applies in relation to a first draft plan.

5

An action plan comes into force—

a

at the end of the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commissioner, if that period expires without the Commissioner—

i

giving a notice under subsection (3)(b), or

ii

applying for an order under subsection (6)(b), or

b

upon a court's declining to make an order under subsection (6)(b) in relation to a revised draft of the plan.

6

The Commissioner may apply to a county court—

a

for an order requiring a person to give the Commissioner a first draft plan by a time specified in the order; or

b

for an order requiring a person who has given the Commissioner a revised draft plan to prepare and give to the Commissioner a further revised draft plan—

i

by a time specified in the order, and

ii

in accordance with any directions about the plan's content specified in the order.

7

An action plan may be varied by agreement between the Commissioner and the person who prepared it.

8

Paragraphs 5 to 12 of Schedule 10 apply in relation to consideration by the Commissioner of the adequacy of a draft action plan as they apply in relation to the conduct of an investigation.