Regulation 13 Circumstances in which a person may be regarded as having complied with an enforcement undertakingI1
United Kingdom
Where, for reasons beyond P’s control, it becomes impossible for P to comply with or to comply fully with the terms of an enforcement undertaking, P may request that the Secretary of State regard P as having complied with the undertaking.
The request referred to in paragraph (1) must—
be made in writing,
include details of the terms of the undertaking which have not been complied with,
give the reasons why, in P’s opinion, it is impossible to comply with or to comply fully with the terms of the undertaking, and
be F1served before the end of the period specified for compliance with the undertaking.
The Secretary of State may—
if satisfied that for reasons beyond P’s control it is impossible for P to comply with or to comply fully with the terms of the undertaking—
vary the terms of the undertaking, including by extending the period specified for compliance;
determine that P should be regarded as having complied with the undertaking;
if not satisfied that for reasons beyond P’s control it is impossible to comply with or to comply fully with the terms of the undertaking, refuse P’s request.
The Secretary of State must, within the period of 28 days beginning with the day on which the Secretary of State receives P’s request, inform P of the result of the request.
Annotations
Textual amendments
- F1
Word in reg. 13(2)(d) substituted (28.1.2025) by The Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/9), regs. 1(2), 4(5)