PART 5ENFORCEMENT OF STANDARDS
CHAPTER 2SETTLEMENT AGREEMENTS
I191Settlement agreements
1
A reference to a settlement agreement between the Commissioner and a person (D) in relation to D's failure to comply with a standard (the “relevant failure”) is a reference to an agreement which contains—
a
an undertaking by D to do one or more of the following—
i
not to fail to comply with one or more standards;
ii
to take particular action (which may include, but is not limited to, the preparation of a plan of steps to be taken);
iii
to refrain from taking particular action; and
b
an undertaking by the Commissioner not to take enforcement action in respect of the relevant failure.
2
A settlement agreement—
a
may include incidental or supplemental provision (which may include, but is not limited to, provision for termination in specified circumstances), and
b
may be varied or terminated by agreement of the Commissioner and D.
3
D is not to be taken to have admitted the relevant failure by reason only of entering into a settlement agreement.
4
Subsection (1) applies for the purposes of this Measure.
I292Failure to comply with settlement agreement
1
The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with a settlement agreement.
2
In this section “relevant period” means the period of 5 years beginning with the day when the settlement agreement is entered into.