Part 8

Enforcement

Sanctions and offences etc

Decision notices
77
1
As soon as reasonably practicable after the period allowed for representations under section 76 has expired, the IFR must—
a
determine whether to take action in relation to the person in accordance with section 75 and Schedule 9, and
b
give the person a decision notice.
2
A decision notice is a notice that—
a
states—
i
the action that the IFR is taking (which, subject to subsection (3), does not need to be the same action detailed in the warning notice), or
ii
that the IFR is not taking action,
b
explains why the IFR is taking that action or is not taking action,
c
where the IFR is taking action, states—
i
what action (if any) the person is required to take as a result, and
ii
the day or days by which the person is required to take that action, and
d
states whether the decision to take action, or not to take action, was made by the Board or delegated under paragraph 18 of Schedule 2, and if it was delegated, to which person or committee listed in that paragraph it was delegated.
3
The IFR may not take action under paragraph 9 of Schedule 9 (suspension or revocation of operating licence) unless action under that paragraph was detailed in the warning notice.
4
Subsection (5) applies where the IFR—
a
has given a person a decision notice and has taken the action stated in it, but
b
considers that the action has been ineffective.
5
The IFR may take further action in accordance with section 75 and Schedule 9 (and section 76 and this section apply in relation to any such further action).