(1)A reference to a settlement agreement between the Commissioner and a person (D) in relation to D’s failure to comply with a standard (the “relevant failure”) is a reference to an agreement which contains—
(a)an undertaking by D to do one or more of the following—
(i)not to fail to comply with one or more standards;
(ii)to take particular action (which may include, but is not limited to, the preparation of a plan of steps to be taken);
(iii)to refrain from taking particular action; and
(b)an undertaking by the Commissioner not to take enforcement action in respect of the relevant failure.
(2)A settlement agreement—
(a)may include incidental or supplemental provision (which may include, but is not limited to, provision for termination in specified circumstances), and
(b)may be varied or terminated by agreement of the Commissioner and D.
(3)D is not to be taken to have admitted the relevant failure by reason only of entering into a settlement agreement.
(4)Subsection (1) applies for the purposes of this Measure.
(1)The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with a settlement agreement.
(2)In this section “relevant period” means the period of 5 years beginning with the day when the settlement agreement is entered into.