PART 5

ENFORCEMENT OF STANDARDS
CHAPTER 1

INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Preventing continuation or repetition of D's failure

Action plans
80
1
This section applies if the Commissioner gives D a decision notice which requires D to prepare an action plan.
2
D must give a first draft plan to the Commissioner within the period specified in the decision notice.
3
After receiving a first draft plan from a person the Commissioner must—
a
approve it, or
b
give the person a notice which—
i
states that the draft is not adequate,
ii
requires the person to give the Commissioner a revised draft by a specified time, and
iii
may make recommendations about the content of the revised draft.
4
Subsection (3) applies in relation to a revised draft plan as it applies in relation to a first draft plan.
5
An action plan comes into force—
a
at the end of the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commissioner, if that period expires without the Commissioner—
i
giving a notice under subsection (3)(b), or
ii
applying for an order under subsection (6)(b), or
b
upon a court's declining to make an order under subsection (6)(b) in relation to a revised draft of the plan.
6
The Commissioner may apply to a county court—
a
for an order requiring a person to give the Commissioner a first draft plan by a time specified in the order; or
b
for an order requiring a person who has given the Commissioner a revised draft plan to prepare and give to the Commissioner a further revised draft plan—
i
by a time specified in the order, and
ii
in accordance with any directions about the plan's content specified in the order.
7
An action plan may be varied by agreement between the Commissioner and the person who prepared it.
8
Paragraphs 5 to 12 of Schedule 10 apply in relation to consideration by the Commissioner of the adequacy of a draft action plan as they apply in relation to the conduct of an investigation.
S. 80 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)