PART 5ENFORCEMENT OF STANDARDS

CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Publicising D’s failure to comply

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.