PART 5ENFORCEMENT OF STANDARDS

CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Preventing continuation or repetition of D’s failure

79Requirement to prepare action plan or take steps

1

This section applies if the Commissioner—

a

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

b

decides to require D to do either or both of the following—

i

to prepare an action plan for the purpose of preventing the continuation or repetition of D’s failure to comply with the relevant requirement;

ii

to take steps for the purpose of preventing the continuation or repetition of D’s failure to comply with the relevant requirement.

2

The relevant decision notice must set out what the Commissioner requires D to do.

3

If the Commissioner requires D to prepare an action plan, the relevant decision notice must specify the period within which D must—

a

produce a first draft plan, and

b

give that draft to the Commissioner.

4

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.

5

This section is subject to section 85.

6

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