Part IIAppointment and Regulation of Undertakers
Chapter IIEnforcement and Insolvency
Enforcement orders
18Orders for securing compliance with certain provisions
1
Subject to subsection (2) and sections 19 and 20 below, where in the case of any company holding an appointment under Chapter I of this Part the Secretary of State or the Director is satisfied—
a
that that company is contravening—
i
any condition of the company’s appointment in relation to which he is the enforcement authority; or
ii
any statutory or other requirement which is enforceable under this section and in relation to which he is the enforcement authority;
or
b
that that company has contravened any such condition or requirement and is likely to do so again,
he shall by a final enforcement order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.
2
Subject to section 19 below, where in the case of any company holding an appointment under Chapter I of this Part—
a
it appears to the Secretary of State or the Director as mentioned in paragraph (a) or (b) of subsection (1) above; and
b
it appears to him that it is requisite that a provisional enforcement order be made,
he may (instead of taking steps towards the making of a final order) by a provisional enforcement order make such provision as appears to him requisite for the purpose of securing compliance with the condition or requirement in question.
3
In determining for the purposes of subsection (2)(b) above whether it is requisite that a provisional enforcement order be made, the Secretary of State or, as the case may be, the Director shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of any condition or of any statutory or other requirement enforceable under this section, is likely to be done, or omitted to be done, before a final enforcement order may be made.
4
Subject to sections 19 and 20 below, where the Secretary of State or the Director has made a provisional enforcement order, he shall confirm it, with or without modifications, if—
a
he is satisfied that the company to which the order relates—
i
is contravening any condition or statutory or other requirement in relation to which he is the enforcement authority; or
ii
has contravened any such condition or requirement and is likely to do so again;
and
b
the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.
5
An enforcement order—
a
shall require the company to which it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
b
shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and
c
may be revoked at any time by the enforcement authority who made it.
6
For the purposes of this section and the following provisions of this Act—
a
the statutory and other requirements which shall be enforceable under this section in relation to a company holding an appointment under Chapter I of this Part shall be such of the requirements of any enactment or of any subordinate legislation as—
i
are imposed in consequence of that appointment; and
ii
are made so enforceable by that enactment or subordinate legislation;
b
the Director shall be the enforcement authority in relation to the conditions of an appointment under Chapter I of this Part; and
c
the enforcement authority in relation to each of the statutory and other requirements enforceable under this section shall be the Secretary of State, the Director or either of them, according to whatever provision is made by the enactment or subordinate legislation by which the requirement is made so enforceable.
7
In this section and the following provisions of this Chapter—
“enforcement order” means a final enforcement order or a provisional enforcement order;
“final enforcement order” means an order under this section other than a provisional enforcement order;
“provisional enforcement order” means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order.
8
Where any act or omission constitutes a contravention of a condition of an appointment under Chapter I of this Part or of a statutory or other requirement enforceable under this section, the only remedies for that contravention, apart from those available by virtue of this section, shall be those for which express provision is made by or under any enactment and those that are available in respect of that act or omission otherwise than by virtue of its constituting such a contravention.