Part 7

Investigatory powers etc

Investigations into relevant infringements

Section 70: supplementary
71
1
Where the IFR decides to accept, or not to accept, a commitment from a person under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—
a
including the commitment,
b
stating the relevant infringement to which the commitment relates,
c
stating that the IFR has accepted, or not accepted, the commitment, and
d
explaining why the IFR has accepted, or not accepted, the commitment.
2
A commitment accepted under section 70—
a
comes into force when notice of the IFR’s acceptance of it is given under subsection (1), and
b
ceases to have effect if under subsection (4) the person is released from the commitment.
3
The IFR may, from time to time, accept a variation to a commitment accepted under section 70 provided the commitment as varied would still be appropriate (and for that purpose subsections (1) and (2) apply in relation to a variation to a commitment as they apply in relation to the acceptance of a commitment).
4
The IFR may release a person from a commitment accepted under section 70 where it considers that it would be appropriate to do so.
5
Where the IFR decides to release a person from a commitment accepted under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—
a
stating that the IFR has released the person from the commitment, and
b
explaining why the IFR is releasing the person from the commitment.
6
The fact that a commitment under accepted section 70 ceases to have effect does not affect the exercise of any functions in relation to a failure, or possible failure, to comply with that commitment.
7
The IFR must keep under review—
a
the extent to which a person which gave a commitment accepted under section 70 is complying with it,
b
the appropriateness of such a commitment,
c
whether a person should be released from such a commitment (and whether a discretionary licence condition should be attached to an operating licence, or varied, instead), and
d
the appropriateness of taking action in accordance with Part 8 in respect of a person who fails to comply with such a commitment.
8
Where the IFR gives a person a notice under this section it may also publish that notice.
S. 71 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 71 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(vii)