Discharge of an enforcement undertaking
20.—(1) The management authority must issue a certificate (“a discharge certificate”) if it is satisfied on the balance of probabilities that an enforcement undertaking has been complied with.
(2) An enforcement undertaking ceases to have effect on the issue of a discharge certificate.
(3) The management authority may require the person who gave the undertaking to provide sufficient information to determine that the undertaking has been complied with.
(4) The person who gave the undertaking may at any time apply for a discharge certificate.
(5) The management authority must decide whether to issue a discharge certificate and give written notice of the decision to the applicant (including information as to the rights of appeal) within 14 days of the application.
(6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—
- (a) was based on an error of fact;
- (b) was wrong in law;
- (c) was unreasonable;
- (d) was wrong for any other reason.
Inaccurate, incomplete or misleading information
21.—(1) A person who gives inaccurate, misleading or incomplete information in relation to an enforcement undertaking is regarded as not having complied with it.
(2) The management authority may by notice in writing revoke a discharge certificate if it was issued on the basis of inaccurate, incomplete or misleading information.
Non-compliance with an enforcement undertaking
22.—(1) If a person does not comply with an enforcement undertaking, the management authority may serve a compliance notice or stop notice, or impose a non-compliance penalty or variable monetary penalty, in respect of the act or omission that was the subject of the undertaking.
(2) If a person has only complied partly with an undertaking, that partial compliance must be taken into account in the imposition of any sanction.
PART 5
Non-compliance penalties
Non-compliance penalties
23.—(1) If a person fails to comply with a compliance notice, stop notice, third party undertaking or enforcement undertaking, irrespective of whether a variable monetary penalty is also imposed, the management authority may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”).
(2) The amount of the non-compliance penalty must be determined by the management authority as a percentage of the costs of fulfilling the remaining requirements of the notice, third party undertaking or enforcement undertaking.
(3) The percentage must be determined by the management authority having regard to all the circumstances of the case and may, if appropriate, be 100%.
(4) A notice served under paragraph (1) must include information as to—
- (a) the grounds for imposing the penalty;
- (b) the amount to be paid;
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