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.