# The Ivory Prohibition (Civil Sanctions) Regulations 2022, Regulation 15: Certification of compliance with an enforcement undertaking

Extent: E+W+S+N.I.

(1) This regulation applies where—
(a) P has complied with all the terms of an enforcement undertaking agreed with the Secretary of State, or
(b) the Secretary of State has determined in accordance with paragraph (3)(a)(ii) of regulation 13 (circumstances in which a person may be regarded as having complied with an enforcement undertaking) 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 and that P should be regarded as having complied with the undertaking.
(2) Where this regulation applies, P may apply to the Secretary of State for a certificate of compliance with the terms of the enforcement undertaking.
(3) Where paragraph (1)(a) applies, P’s application for a certificate of compliance must be accompanied by evidence sufficient to demonstrate P’s compliance with each of the steps specified in the enforcement undertaking.
(4) Where—
(a) the Secretary of State is satisfied that P has complied fully with all the terms of the enforcement undertaking, or
(b) paragraph (1)(b) applies,
the Secretary of State must, within the period of 28 days beginning with the day on which the Secretary of State receives P’s application for a certificate of compliance, issue a certificate of compliance to P.
(5) Where the Secretary of State is not satisfied that P has complied fully with all the steps specified in the enforcement undertaking, the Secretary of State must, within the period of 28 days beginning with the day on which P’s application was received, notify P of the steps which, in the opinion of the Secretary of State, have not been fully complied with.
(6) Where paragraph (5) applies, P may, within the period of 28 days beginning with the day on which the Secretary of State served the notification referred to in that paragraph, submit to the Secretary of State further evidence to demonstrate compliance with the terms of the enforcement undertaking.
(7) Paragraphs (8) and (9) apply where the Secretary of State has considered any further evidence submitted by P in accordance with paragraph (6).
(8) If the Secretary of State is satisfied that P has complied fully with the terms of the enforcement undertaking, the Secretary of State must, within the period of 28 days beginning with the day on which the further evidence is received, issue to P a certificate of compliance.
(9) If the Secretary of State is not satisfied that P has complied fully with the terms of the enforcement undertaking, the Secretary of State must, within the period of 28 days beginning with the day on which the further evidence is received—
(a) inform P that the Secretary of State is not satisfied that P has complied fully with the terms of the enforcement undertaking, and
(b) indicate to P any action which the Secretary of State proposes to take in relation to the suspected offence to which the enforcement undertaking relates.

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Source: https://www.legislation.gov.uk/uksi/2022/311/regulation/15 (the official version)
Page: https://openlegislation.uk/ivory-prohibition-civil-sanctions-regulations-2022/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.