SCHEDULE 26Enforcement undertakings

Discharge of an enforcement undertaking5

1

If the Agency is satisfied that an enforcement undertaking has been complied with, it must issue a certificate to that effect.

2

The Agency may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

3

The person who gave the undertaking may at any time apply for such a certificate.

4

The Agency must make a decision as to whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.

5

The person to whom the notice is given may appeal against a decision not to issue a certificate on the grounds that the decision—

a

was based on an error of fact;

b

was wrong in law;

c

was unfair or unreasonable;

d

was wrong for any other reason.