Paragraph 25
This paragraph applies where an enforcement undertaking is not complied with.
The enforcement agency may, in relation to the contravention for which the enforcement undertaking was given, either—
impose any other type of civil sanction specified in the Table in Part 1 as being available for the contravention in question; or
if the contravention for which the enforcement undertaking was given is a criminal offence (a “related offence”), bring proceedings for the related offence.
The action referred to in sub-paragraph (2)(a) or (b) may be taken in addition to bringing proceedings for the offence under regulation 118(5) of failing to comply with the enforcement undertaking.
If a person has complied partly but not fully with an enforcement undertaking, that part-compliance must be taken into account in the imposition of any criminal or other sanction on the person.
Criminal proceedings for a related offence which is triable summarily may be instituted at any time within a period of 6 months beginning with the day after the last day of the period within which the action specified in the enforcement undertaking was required under paragraph 20(1)(d) to be completed.