Third party compliance notices
36.—(1) The Regulator may issue a third party compliance notice if it is of the opinion that—
(a)a person has contravened one or more of the employer duty provisions,
(b)the contravention is or was, wholly or partly, a result of a failure of another person (the “third party”) to do any thing, and
(c)that failure is not itself a contravention of any of the employer duty provisions.
(2) A third party compliance notice is a notice directing the third party to take, or refrain from taking, the steps specified in the notice in order to remedy or prevent a recurrence of the failure.
(3) A third party notice may, in particular—
(a)state the period within which any step must be taken or must cease to be taken;
(b)require the third party to inform the Regulator, within a specified period, how the third party has complied or is complying with the notice;
(c)state that, if the third party fails to comply with the requirements of the notice, the Regulator may issue a fixed penalty notice under section 40.
(4) A third party notice may give the third party a choice between different ways of remedying or preventing the recurrence of the third party’s failure.