- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Fair Dealing Obligations (Milk) Regulations 2024 ISBN 978-0-348-25841-7
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).
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