PART 9Enforcement
Referral of complaint to the Secretary of State
19.—(1) A qualifying seller may refer a relevant complaint to the Secretary of State.
(2) A “relevant complaint” is a complaint that—
(a)a pig purchase contract to which the qualifying seller is a party is not compliant with the obligations of these Regulations; or
(b)the business purchaser has failed to comply with the obligation to provide an explanation in accordance with regulation 9(9) following a request by the qualifying seller under regulation 9(7) (request for explanation regarding pricing).
(3) To refer a relevant complaint, a qualifying seller must give a written notice to the Secretary of State that includes—
(a)the details of the alleged failure to comply;
(b)any evidence of the alleged failure to comply;
(c)a statement as to whether the qualifying seller is seeking compensation from the business purchaser concerned;
(d)the amount of any compensation sought; and
(e)the reasons why such compensation is sought.
(4) A relevant complaint may not be referred to the Secretary of State unless—
(a)the qualifying seller has made the complaint, or, in the opinion of the Secretary of State, a substantially similar complaint, to the business purchaser under the pig purchase contract’s dispute resolution procedure (see regulation 17) and 28 days have passed beginning with the day on which the complaint was made to the business purchaser; or
(b)the pig purchase contract makes no provision for a dispute resolution procedure or otherwise fails to comply with regulation 17.
(5) A qualifying seller may not refer a relevant complaint to the Secretary of State that the Secretary of State has already decided unless—
(a)new evidence is available; and
(b)the decision made by the Secretary of State was that no requirement was to be imposed under regulation 20(1).
(6) After receiving the relevant complaint, the Secretary of State must give a notice to the business purchaser that—
(a)includes the relevant complaint;
(b)asks the business purchaser to respond to the allegations made in the complaint; and
(c)gives a date by which the business purchaser must reply.
(7) The Secretary of State may—
(a)investigate a case where a relevant complaint is referred to the Secretary of State;
(b)require the parties to the pig purchase contract to submit evidence relating to the relevant complaint;
(c)consider other failures to comply with these Regulations that did not form part of the complaint made to the business purchaser.
(8) Evidence able to be requested by the Secretary of State includes—
(a)documents, including those in digital format, in the possession, or under the control, of the party;
(b)witness evidence, whether provided by way of a written statement or orally; and
(c)any other evidence the Secretary of State considers relevant.
(9) A request for evidence under paragraph (7)(b) must be in writing and include—
(a)a statement that the request is made under paragraph (7)(b);
(b)the name, or a description, of the person from whom the evidence is being requested;
(c)a description of the evidence being requested;
(d)the method by which the evidence is required to be submitted;
(e)the address to which the evidence is to be sent;
(f)the period within which the evidence is to be provided; and
(g)a statement that failing to comply with the request—
(i)may cause the Secretary of State to draw an adverse inference against the person in respect of the complaint; or
(ii)may lead to civil proceedings being brought to obtain the evidence (in respect of which, see paragraph (12)).
(10) The address referred to in paragraph (9)(e) may be an electronic address.
(11) The business purchaser must cooperate with an investigation of the Secretary of State under paragraph (7)(a).
(12) The Secretary of State may enforce the requirement to provide evidence by bringing civil proceedings to obtain—
(a)in England and Wales or Northern Ireland, an injunction;
(b)in Scotland, an order for specific performance under section 45 of the Court of Session Act 1988(1).