Regulation 9 Enforcement of plans
The Department must act in accordance with the following procedure in connection with the imposition of any requirements specified in Article 4(2)(a) or (c) of the 2005 Order or the giving of any notification under Article 9(1) of that Order—
where the Department considers that the governing body may have failed to comply with any provision of the plan, it must inform the governing body of that fact, specifying the provision, and give the governing body a reasonable time within which to make representations;
where the governing body makes representations within a reasonable time, the Department must consider the representations and, having considered them, inform the governing body whether it is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;
where the governing body does not make representations within a reasonable time, the Department must inform the governing body whether it is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;
where the Department has informed the governing body that it is satisfied that the governing body has failed to comply with a specified provision of the plan, the Department may inform the governing body that it is minded to do either or both of the following—
impose on the governing body financial requirements by virtue of Article 4 (4) of the 2005 Order; or
notify the governing body under Article 9 (1) of the 2005 Order that on the expiry of the existing plan it will refuse to approve a new plan under Article 7 of the 2005 Order during the period specified in the notification.
where the Department has informed the governing body under sub-paragraph (d), it must give the governing body a reasonable time within which to make representations as to the amount of the specified financial requirements or the financial consequences of the refusal to approve a new plan;
where the governing body makes representations in a reasonable time, the Department must consider the representations and, having considered them—
where the Department had informed the governing body that it was minded to impose financial requirements by virtue of Article 4 (4) of the 2005 Order, it must either impose such financial requirements or inform the governing body that it has decided not to impose such financial requirements; and
where the Department had informed the governing body that it was minded to notify the governing body under Article 9 (1) of the 2005 Order, it must either so notify the governing body or inform the governing body that it will not issue such a notification.
where the governing body does not make representations within a reasonable time —
where the Department had informed the governing body that it was minded to impose specified financial requirements by virtue of Article 4 (4) of the 2005 Order, it must either impose such financial requirements or inform the governing body that it has decided not to impose such financial requirements; and
where the Department had informed the governing body that it was minded to notify the governing body under Article 9 (1) of the 2005 Order, it must either so notify the governing body or inform the governing body that it will not issue such a notification.