- (a) the management authority’s decision was unreasonable;
- (b) the amount of compensation awarded was based on incorrect facts;
- (c) the decision was wrong for any other reason.
Offence
16. If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable on summary conviction to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be).
PART 4
Enforcement undertakings
Enforcement undertakings
17. The management authority may accept a written undertaking (“an enforcement undertaking”) given by a person to the management authority to take such action as may be specified in the undertaking within such period as may be specified where the management authority has reasonable grounds to suspect that the person has failed to comply with a relevant regulation.
Contents of an enforcement undertaking
18.—(1) An enforcement undertaking must specify—
- (a) action to be taken by the person to secure that the failure to comply with a relevant regulation does not continue or recur;
- (b) action to secure that the position is, so far as possible, restored to what it would have been if the failure to comply had not occurred;
- (c) action (including the payment of a sum of money) to be taken by the person giving the undertaking to benefit any person affected by the failure to comply.
(2) It must specify the period within which the action must be completed.
(3) It must include—
- (a) a statement that the undertaking is made in accordance with this Schedule;
- (b) the terms of the undertaking;
- (c) information as to how and when a person is considered to have discharged the undertaking.
(4) An enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if the management authority and the person who gave the undertaking agree in writing.
Acceptance of an enforcement undertaking
19.—(1) If the management authority has accepted an enforcement undertaking from a person, it may not serve on that person a compliance notice or stop notice, or impose a non-compliance penalty or a variable monetary penalty, in respect of the act or omission that is the subject of the undertaking.
(2) Paragraph (1) does not apply if the person who gave the undertaking has failed to comply with it or any part of it.
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