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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where—
(a)the IFR determines (whether as a result of an investigation or otherwise) that a person has, without reasonable excuse, committed a relevant infringement,
(b)the relevant infringement is continuing, and
(c)the relevant infringement jeopardises, or immediately risks jeopardising, the IFR’s ability to advance one or more of its objectives.
(2)The IFR may give the person such direction as the IFR considers appropriate to bring the relevant infringement to an end (an “urgent direction”).
(3)An urgent direction must—
(a)explain why the IFR is giving a direction;
(b)state the action the direction requires the person to take or the action the direction prohibits the person from taking;
(c)state the period during which the action must be taken or the prohibited action must not be taken (as the case may be);
(d)include information about the possible consequences under Part 8 of not complying with the direction;
(e)if the IFR did not give the person concerned an opportunity to make representations before giving the direction, explain why;
(f)include any other information the IFR considers relevant.
(4)A period specified in an urgent direction may be indefinite.
(5)An urgent direction may be varied or revoked by a further urgent direction.
(6)Where the IFR is minded to vary an urgent direction so as to extend a time period, the IFR must invite the person concerned to make representations before giving a further urgent direction.
(7)Before giving a further urgent direction the IFR must have regard to any representations received (whether in response to an invitation under subsection (6) or otherwise).
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