PART 9Enforcement

Notice of intent

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—

(a)a description of the breach which the Secretary of State considers has been committed;

(b)the evidence being relied upon;

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

(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—

(a)a copy of the notice of intent to the qualifying seller; and

(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.