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).