Section 87 When enforcement action takes effectI1

(1)

This section applies if the Commissioner gives D a decision notice setting out enforcement action which the Commissioner has decided to take in relation to a determination under section 73.

(2)

D must—

(a)

prepare an action plan or take steps, or

(b)

publicise a failure to comply,

if, in accordance with section 79 or 82, the decision notice requires D to do so.

(3)

D must pay a civil penalty set out in the decision notice in accordance with section 84.

(4)

But subsections (2) and (3) apply only after the end of the 28 day period for making a relevant appeal.

(5)

The Commissioner may publicise D's failure to comply with the relevant requirement only after the end of the 28 day period for making a relevant appeal.

(6)

If a relevant appeal is made, subsections (2), (3) and (5) do not apply unless and until—

(a)

that appeal, and any further appeal, has been disposed of, and

(b)

a further appeal—

(i)

may not be made, or

(ii)

may be made only with the permission of the Tribunal or a court.

(7)

In this section “relevant appeal” means an appeal to the Tribunal under section 95 in respect of the matters set out in the decision notice.

Annotations

Commencement

I1: S. 87 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)