PART 9Enforcement

Notice of intent

regulation 22 + 22.—(1) Where the Secretary of State proposes to require a business purchaser to pay a civil penalty or pay compensation, the Secretary of State must first give them a notice of intent.

(2) A “notice of intent” is a written notice including—

regulation 22 2 a + (a)a description of the breach which the Secretary of State considers has been committed;

regulation 22 2 b + (b)the evidence being relied upon;

regulation 22 2 c + (c)the requirement under regulation 20(1) the Secretary of State proposes to impose; and

regulation 22 2 d + (d)a statement that the business purchaser has a right to make representations in accordance with regulation 23 and how to make such representations.

(3) Before the expiry of 7 days beginning with the day after the day on which the Secretary of State gives a notice of intent, the Secretary of State must send—

regulation 22 3 a + (a)a copy of the notice of intent to the qualifying seller; and

regulation 22 3 b + (b)where the Secretary of State proposes to require the business purchaser to pay compensation to a qualifying seller, a written notice setting out that qualifying seller’s right to make representations in respect of the compensation.