PART 4Enforcement undertakings
Contents of an enforcement undertaking
13.—(1) An enforcement undertaking must be in writing and include—
(a)a statement that the undertaking is an enforcement undertaking regulated by the 2000 Act and this Order;
(b)the terms of the undertaking;
(c)the period within which the action specified in the undertaking must be completed;
(d)details of how and when a person is to be considered to have complied with the undertaking; and
(e)information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 15(2) of Schedule 19C.
(2) The enforcement undertaking may be varied or extended if both parties agree.
Publication of enforcement undertakings
14. The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit.
Compliance with an enforcement undertaking
15.—(1) Where, after accepting an enforcement undertaking from a person, the Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect.
(2) An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking.
(3) A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within 28 days of the day on which they receive such an application.
(4) An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with.
(5) Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to–
(a)the grounds for the decision not to issue a certificate; and
(b)rights of appeal.
(6) The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information, and if the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued.
Appeals
16.—(1) A person who has given an enforcement undertaking may appeal to a county court or (in Scotland) the sheriff against a decision not to issue a certificate under paragraph 15 on the ground that the decision was—
(a)based on an error of fact;
(b)wrong in law; or
(c)unfair or unreasonable.
(2) An appeal must be made within 28 days of the day on which notification of the decision was received.