Part VIII Supplemental

F176DSpecific duties: enforcement

1

This section applies where the Commission thinks that a person has failed to comply with a duty imposed under section 76B or 76C.

2

The Commission may give the person a notice requiring him—

a

to comply with the duty, and

b

to give the Commission, within the period of 28 days beginning with the date on which he receives the notice, written information of steps taken for the purpose of complying with the duty.

3

A notice under this section may require a person to give the Commission information required by the Commission for the purposes of assessing compliance with the duty; in which case the notice shall specify—

a

the period within which the information is to be given (which shall begin with the date on which the notice is received and shall not exceed three months), and

b

the manner and form in which the information is to be given.

4

A person who receives a notice under this section shall comply with it.

5

But a notice under this section shall not oblige a person to give information that he could not be compelled to give in proceedings before the High Court or the Court of Session.

6

If the Commission thinks that a person, to whom a notice under this section has been given, has failed to comply with a requirement of the notice, the Commission may apply to a county court (in England and Wales) or to the sheriff (in Scotland) for an order requiring the person to comply.