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PART 5ENFORCEMENT OF STANDARDS

CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Publicising D’s failure to comply

81Publicising the failure to comply

(1)In this Measure, references to the Commissioner publicising D’s failure to comply with the relevant requirement are to the Commissioner doing either or both of the following—

(a)publishing a statement that D has failed to comply with the relevant requirement;

(b)publishing the investigation report produced in relation to the investigation of D.

(2)In this Measure, references to D being required to publicise the failure to comply with the relevant requirement are to D being required to publicise any or all of the following—

(a)a statement that D has failed to comply with the relevant requirement;

(b)the investigation report produced in relation to the investigation of D;

(c)other information relating to D’s failure to comply with the relevant requirement.

82Requiring the failure to comply to be publicised

(1)This section applies if the Commissioner—

(a)determines that D has failed to comply with a relevant requirement, and

(b)decides to do either or both of the following—

(i)publicise D’s failure to comply with the relevant requirement;

(ii)require D to publicise the failure to comply with the relevant requirement.

(2)The relevant decision notice must set out what the Commissioner—

(a)is to do to publicise D’s failure;

(b)requires D to do to publicise the failure.

(3)The relevant decision notice must inform D of—

(a)the consequences if D does not comply with a requirement included in the notice by virtue of this section; and

(b)the right to appeal under section 95.

(4)This section is subject to section 85.

(5)In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.