Paragraph 1 Enforcement undertakings

(1)

The Agency may accept an enforcement undertaking from a person in a case where the Agency has reasonable grounds to suspect that the person has committed any of the following offences in relation to a regulated facility or an exempt facility that has been or is being operated in England—

(a)

regulation 38(1) (contravening regulation 12(1) or knowingly causing or knowingly permitting the contravention of regulation 12(1)(a)),

(b)

regulation 38(2) (failing to comply with, or contravening, an environmental permit condition),

(c)

regulation 38(4)(a) (failing to comply with a notice under regulation 61(1) requiring the provision of information),

(d)

regulation 38(5)(a) (failing to comply with the record-keeping requirements in paragraph 17(3) or (4) of Schedule 2), or

(e)

regulation 38(6) (acts of third parties) so far as it relates to an offence listed in paragraphs (a) to (d).

(2)

But paragraph (1) does not apply to an offence in relation to a flood risk activity.

(3)

For the purposes of this Schedule, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such period as may be so specified.