F1SCHEDULE 19CCivil sanctions
Part 4Enforcement undertakings
15
(1)
This paragraph applies where—
(a)
the Commission have reasonable grounds to suspect that a person—
(i)
has committed a prescribed offence under this Act, or
(ii)
has (otherwise than by committing an offence under this Act) contravened a prescribed restriction or requirement imposed by or by virtue of this Act,
(b)
the person offers an undertaking (an “enforcement undertaking”) to take such action, within such period, as is specified in the undertaking,
(c)
the action so specified is—
(i)
action to secure that the offence or contravention does not continue or recur,
(ii)
action to secure that the position is, so far as possible, restored to what it would have been if the offence or contravention had not happened, or
(iii)
action of a prescribed description,
and
(d)
the Commission accept the undertaking.
(2)
Unless the person has failed to comply with the undertaking or any part of it—
(a)
the person may not at any time be convicted of an offence under this Act in respect of the act or omission to which the undertaking relates;
(b)
the Commission may not impose on the person any fixed monetary penalty that they would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission;
(c)
the Commission may not impose on the person any discretionary requirement that they would otherwise have power to impose by virtue of paragraph 5 in respect of that act or omission.