in subsection (1), for “failed to comply with a provision of Part 1 of this Act” substitute “ acted in a way which is not compatible with regulation 8(4)(c) or 10 of the 2009 Regulations ”;

in subsection (2)(a), for the words after “provision” substitute “ of the 2009 Regulations with which the Commissioner is satisfied that the actions of the authority or third party are not compatible and the reasons for reaching that conclusion ”; and

omit subsection (5).