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Section 28 Compliance noticesI1I2

United Kingdom

(1)

If the Secretary of State has reasonable grounds to believe that a person has failed to comply with a relevant duty, the Secretary of State may give a compliance notice to the person.

(2)

A compliance notice is a notice under this section requiring the person to whom it is given to comply with the relevant duty specified in the notice within a specified period.

(3)

A compliance notice given to a person must—

(a)

set out the reasons for giving the compliance notice;

(b)

explain what may happen if the person does not comply with it;

(c)

explain how the person may appeal against it.

(4)

A compliance notice given to a person may—

(a)

require the person to take any specified steps within a specified period in order to comply with the relevant duty;

(b)

require the person within a specified period to provide evidence to the satisfaction of the Secretary of State that the person has complied with, or is complying with, the relevant duty.

(5)

Before giving a compliance notice to a person, the Secretary of State must—

(a)

notify the person that the Secretary of State intends to give a compliance notice to the person, and

(b)

give the person an opportunity to make representations about the giving of the notice.

(6)

The Secretary of State may not give a compliance notice to the person until the end of the period of 10 days beginning with the day on which the notification required by subsection (5)(a) is given.

(7)

A compliance notice may not be given to a person more than once in respect of the same act or omission.

(8)

In this section—

  • “relevant duty” means a duty imposed by or under Chapter 2;

  • “specified” means specified in the compliance notice.

Annotations

Commencement

I1

S. 28 not in force at Royal Assent, see s. 79

I2

S. 28 in force at 29.4.2024 by S.I. 2023/469, reg. 3