SCHEDULE 3Civil sanctions

PART 3Enforcement undertakings

Non-compliance with an enforcement undertakingI129

1

If a person does not comply with an enforcement undertaking, the regulator may, in the case of an offence committed under Part 2 of this Order —

a

serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or

b

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 6 months from the date on which the regulator notifies the person that the person has failed to comply with that undertaking.