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PART 5 E+WENFORCEMENT OF STANDARDS

CHAPTER 1E+WINVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Failure to comply: Commissioner's optionsE+W

77Failure to comply with a relevant requirementE+W

(1)This section applies if the Commissioner determines that D has failed to comply with a relevant requirement.

(2)The Commissioner may—

(a)take no further action,

(b)act under subsection (3), or

(c)act under subsection (4).

(3)The Commissioner may do one or more of the following things—

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

(b)require D to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

(c)publicise D's failure to comply with the relevant requirement;

(d)require D to publicise the failure to comply with the relevant requirement;

(e)impose a civil penalty on D.

(4)The Commissioner may do one or more of the following things—

(a)give D or any other person recommendations;

(b)give D or any other person advice;

(c)seek to enter into a settlement agreement with D (see Chapter 2), but only if the relevant requirement is a duty to comply with a standard.

(5)If the Commissioner seeks to enter into a settlement agreement with D—

(a)D is not obliged to enter into such an agreement;

(b)if D declines to enter into a settlement agreement, the Commissioner may, but need not, exercise his or her powers under this section differently.

(6)If the Commissioner acts under subsection (3), subsections (2) and (3) do not prevent the Commissioner from also doing either or both of the following—

(a)giving D or any other person recommendations;

(b)giving D or any other person advice.

(7)This section is subject to section 85.

Commencement Information

I1S. 77 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)