PART 5 E+W ENFORCEMENT OF STANDARDS

CHAPTER 1 E+W INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Preventing continuation or repetition of D's failure E+W

79 Requirement to prepare action plan or take steps E+W

(1) This section applies if the Commissioner—

(a) determines that D has failed to comply with a relevant requirement, and

(b) decides to require D to do either or both of the following—

(i) to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

(ii) to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement.

(2) The relevant decision notice must set out what the Commissioner requires D to do.

(3) If the Commissioner requires D to prepare an action plan, the relevant decision notice must specify the period within which D must—

(a) produce a first draft plan, and

(b) give that draft to the Commissioner.

(4) The relevant decision notice must inform D of—

(a) the consequences if D does not comply with a requirement included in the notice by virtue of this section; and

(b) the right to appeal under section 95.

(5) This section is subject to section 85.

(6) In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.

Commencement Information

I1 S. 79 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)