The Ivory Prohibition (Civil Sanctions) Regulations 2022

Procedure for entering into an enforcement undertaking

9.—(1) An offer of an enforcement undertaking to the Secretary of State under paragraph 10(1) of Schedule 1 to the Act must—

(a) be made in writing;

(b) where the Secretary of State has informed P by a notice in writing that an offer of an enforcement undertaking may be considered, be made within the period of 28 days beginning with the day on which the Secretary of State sent the notice to P.

(2) If, having considered the circumstances of the suspected offence to which an offer of an enforcement undertaking relates and the terms of the undertaking offered by P, the Secretary of State decides—

(a) that it is appropriate to accept P’s offer, or

(b) that it may be appropriate to accept P’s offer if made in revised terms,

the Secretary of State must, within the period of 28 days beginning with the day on which P’s offer was received, send a notice informing P of the Secretary of State’s decision.

(3) Where the Secretary of State informs P that an offer of an enforcement undertaking may be accepted if made in revised terms, P must, within the period of 28 days beginning with the day on which the Secretary of State sent the notice referred to in paragraph (2) to P—

(a) offer an enforcement undertaking in revised terms to the Secretary of State, or

(b) inform the Secretary of State in writing that no further offer of an enforcement undertaking will be made.

(4) Where—

(a) P has failed, within the period specified in paragraph (1)(b), to offer an enforcement undertaking in response to a notice sent by the Secretary of State inviting P to make such an offer,

(b) the Secretary of State has decided to refuse P’s offer or revised offer of an enforcement undertaking,

(c) P has informed the Secretary of State in accordance with paragraph (3)(b) that no further offer will be made, or

(d) P has failed to offer an enforcement undertaking in revised terms within the period specified in paragraph (3),

the Secretary of State must send a notice informing P that the suspected offence will not be dealt with by agreeing an enforcement undertaking and indicating any action which the Secretary of State proposes to take in relation to the suspected offence.

(5) The notice referred to in paragraph (4) must be sent to P—

(a) where the Secretary of State has decided to refuse P’s offer or revised offer of an enforcement undertaking, within the period of 28 days beginning with the day on which the Secretary of State received the relevant offer;

(b) where P has notified the Secretary of State that no offer of an enforcement undertaking in revised terms will be made, within the period of 28 days beginning with the day on which the Secretary of State received P’s written notification;

(c) where P has failed to offer an enforcement undertaking in response to an invitation to offer an enforcement undertaking or to offer an enforcement undertaking in revised terms, within the period of 30 days beginning with the day on which the Secretary of State sent the relevant invitation to P.