SCHEDULES

SCHEDULE 1Civil sanctions

Part 3Enforcement undertakings

10

1

This paragraph applies where—

a

the Secretary of State has reasonable grounds to suspect that a person has committed an offence under section 12,

b

the person offers an undertaking (an “enforcement undertaking”) to take specified action, within a specified period,

c

the action specified is—

i

action to secure that the offence does not continue or recur, or

ii

action of a prescribed description,

and

d

the Secretary of State accepts 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 section 12 in respect of the act or omission to which the undertaking relates;

b

the Secretary of State may not impose on the person any monetary penalty that he or she would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission.