PART 3

Transparency and fairness in the agri-food supply chain
CHAPTER 1

Collection and sharing of data

Enforcement of information requirements
28
1
The Secretary of State may by regulations make provision for enforcement of a requirement imposed under section 23(1) or (2).
2
In the following provisions of this section “specified” means specified in regulations under subsection (1).
3
In subsection (1) “enforcement” includes (in particular)—
a
monitoring compliance,
b
investigating non-compliance, and
c
dealing with non-compliance.
4
The provision that may be made by regulations under subsection (1) includes (in particular)—
a
provision for the imposition of monetary penalties for non-compliance with requirements, whether penalties—
i
of a specified amount,
ii
of an amount calculated in a specified manner,
iii
of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description, or
iv
by way of suspending, or withholding, payment of any amounts;
b
provision for recovery of amounts due in respect of monetary penalties, including provision for any of interest, set-off and security for payment;
c
provision about the giving of advice or warnings;
d
provision for the acceptance of undertakings to take, or refrain from taking, particular actions;
e
provision giving persons functions in connection with enforcement of requirements;
f
provision about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements.
5
In subsection (4)(a) “specified manner” includes (in particular) a manner framed by reference to a specified matter such as a person's profits, income or turnover.
6
Regulations under subsection (1) are subject to affirmative resolution procedure.
S. 28 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)