23.—(1) Before a NIS enforcement authority takes any action under regulation 17 or 18 the enforcement authority must consider whether it is reasonable and proportionate, on the facts and circumstances of the case, to take action in relation to the contravention.
(2) The NIS enforcement authority must, in particular, have regard to the following matters—
(a)any representations made by the OES or RDSP, as the case may be, about the contravention and the reasons for it, if any;
(b)any steps taken by the OES or RDSP to comply with the requirements set out in these Regulations;
(c)any steps taken by the OES or RDSP to rectify the contravention;
(d)whether the OES or RDSP had sufficient time to comply with the requirements set out in these Regulations; and
(e)whether the contravention is also liable to enforcement under another enactment.