PART 9Enforcement
Notice of decision25
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).