The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

Compliance notices

3.—(1) Where the Secretary of State has—

(a) issued a provisional notice under paragraph 2(1); and

(b) the period referred to in paragraph 2(2) has expired,

the Secretary of State may issue a compliance notice to the relevant Union importer.

(2) A compliance notice issued under paragraph (1) must inform the relevant Union importer of—

(a) the Secretary of State’s position in respect of any written representations made by the Union importer under paragraph 2(2);

(b) the grounds for the compliance notice, which must have been contained in the provisional notice issued under paragraph 2(1);

(c) the requirements of the compliance notice;

(d) the period or periods within which the requirements specified in the compliance notice must be met;

(e) the Union importer’s right to appeal under paragraph (3); and

(f) the consequences of failing to comply with a compliance notice.

(3) A Union importer which has been issued a compliance notice under paragraph (1) may, within 28 days beginning on the day that that compliance notice is served, apply to the Secretary of State for a review of the compliance notice on the following grounds—

(a) the issuing of a compliance notice was based on a material error of fact;

(b) the issuing of a compliance notice is wrong in law; or

(c) the requirements that are specified in the compliance notice are unreasonable.

(4) On an application for a review of the compliance notice under paragraph (3), the Secretary of State must decide whether to vary, revoke or uphold the compliance notice.