The Fair Dealing Obligations (Milk) Regulations 2024

Notice of decision

25.—(1) After the expiry of both periods within which the business purchaser and producer may make representations under regulation 24, the Secretary of State must decide whether to impose a requirement under regulation 21(1).

(2) Where the Secretary of State decides to impose a requirement, it may be that set out in the notice of intent, or a different requirement.

(3) A business purchaser required to pay a civil penalty or pay compensation under regulation 21(1) must do so within 28 days of receiving a notice of decision under paragraph (4).

(4) Where the Secretary of State makes a decision under paragraph (1), the Secretary of State must give a written notice (a “notice of decision”) to the business purchaser setting out—

(a) where the decision is to impose a requirement under regulation 21(1)—

(i) the requirement being imposed;

(ii) the reasons for imposing the requirement;

(iii) the amount to be paid by the business purchaser in respect of each requirement imposed under regulation 21(1);

(iv) an explanation as to how the amount has been calculated;

(v) how payment may be made;

(vi) that payment is due within 28 days of the receipt of the notice of decision;

(vii) information about the right to appeal against the imposition of a requirement under regulation 26; and

(viii) where the Secretary of State decides to impose a civil penalty, that the Secretary of State is entitled to recover any unpaid civil penalty as a debt; or

(b) where the decision is not to impose a requirement under regulation 21(1)—

(i) that decision; and

(ii) the reasons for reaching the decision.

(5) Before the expiry of 7 days beginning with the day after the day on which the Secretary of State gives a notice of decision, the Secretary of State must send a copy of the notice to the producer.

(6) Where the Secretary of State—

(a) requires the business purchaser to pay compensation to a producer; or

(b) decides not to impose a requirement under regulation 21(1) on the business purchaser,

the Secretary of State must include with the copy of the notice of decision under paragraph (5) a written notice setting out the producer’s right to appeal under regulation 26(2).