Part X Supplemental

F171D General statutory duty: compliance notices.

(1)

If the Commission are satisfied that a person has failed to comply with, or is failing to comply with, any duty imposed by an order under section 71(2), the Commission may serve on that person a notice (“a compliance notice”).

(2)

A compliance notice shall require the person concerned—

(a)

to comply with the duty concerned; and

(b)

to inform the Commission, within 28 days of the date on which the notice is served, of the steps that the person has taken, or is taking, to comply with the duty.

(3)

A compliance notice may also require the person concerned to furnish the Commission with such other written information as may be reasonably required by the notice in order to verify that the duty has been complied with.

(4)

The notice may specify—

(a)

the time (no later than three months from the date on which the notice is served) at which any information is to be furnished to the Commission;

(b)

the manner and form in which any such information is to be so furnished.

(5)

A compliance notice shall not require a person to furnish information which the person could not be compelled to furnish in evidence in civil proceedings before the High Court or the Court of Session.