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SCHEDULECivil sanctions

PART 3Enforcement undertakings

Non-compliance with an enforcement undertaking

22.—(1) If a person does not comply with an enforcement undertaking, the Secretary of State may—

(a)in the case of failure to comply with any provision referred to in regulation 8(1), serve a compliance notice, stop notice or variable monetary penalty;

(b)in the case of an offence committed under regulation 13(c) or 14, bring criminal proceedings.

(2) If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3) Criminal proceedings for offences to which an enforcement undertaking relates may be instituted at any time up to six months from the date when the Secretary of State notifies the person that they have failed to comply with that undertaking.