(1)This section applies where a person has been given a notice under section 21 which requires him (under section 21(4)(a)) to prepare an action plan.
(2)The notice must specify a time by which the person must give the Commission a first draft plan.
(3)After receiving a first draft plan from a person the Commission shall—
(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 Commission a revised draft by a specified time, and
(iii)may make recommendations about the content of the revised draft.
(4)Subsection (3) shall apply 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)if the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commission expires without the Commission—
(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 Commission may apply to [F1the county court] (in England and Wales) or to the sheriff (in Scotland)—
(a)for an order requiring a person to give the Commission a first draft plan by a time specified in the order,
(b)for an order requiring a person who has given the Commission a revised draft plan to prepare and give to the Commission 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, or
(c)during the period of five years beginning with the date on which an action plan prepared by a person comes into force, for an order requiring the person—
(i)to act in accordance with the action plan, or
(ii)to take specified action for a similar purpose.
(7)An action plan may be varied by agreement between the Commission and the person who prepared it.
(8)Paragraphs 10 to 14 of Schedule 2 apply (but omitting references to oral evidence) in relation to consideration by the Commission of the adequacy of a draft action plan as they apply in relation to the conduct of an inquiry.
(9)A person commits an offence if without reasonable excuse he fails to comply with an order under subsection (6); and a person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1Words in s. 22(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)