PART 9Enforcement

Notice of decision

regulation 24 + 24.—(1) After the expiry of both periods within which the business purchaser and qualifying seller may make representations under regulation 23, the Secretary of State must decide whether to impose a requirement under regulation 20(1).

(2) Where the Secretary of State decides to impose a requirement, it may be that set out in the notice of intent, or a different requirement.

(3) A business purchaser required to pay a civil penalty or pay compensation under regulation 20(1) must do so within 28 days of receiving a notice of decision under paragraph (4).

(4) Where the Secretary of State makes a decision under paragraph (1), the Secretary of State must give a written notice (a “notice of decision”) to the business purchaser setting out—

regulation 24 4 a + (a)where the decision is to impose a requirement under regulation 20(1)—

regulation 24 4 a i + (i)the requirement being imposed;

regulation 24 4 a ii + (ii)the reasons for imposing the requirement;

regulation 24 4 a iii + (iii)the amount to be paid by the business purchaser in respect of each requirement imposed under regulation 20(1);

regulation 24 4 a iv + (iv)an explanation as to how the amount has been calculated;

regulation 24 4 a v + (v)how payment may be made;

regulation 24 4 a vi + (vi)that payment is due within 28 days of the receipt of the notice of decision;

regulation 24 4 a vii + (vii)information about the right to appeal against the imposition of a requirement under regulation 25; and

regulation 24 4 a viii + (viii)where the Secretary of State decides to impose a civil penalty, that the Secretary of State is entitled to recover any unpaid civil penalty as a debt; or

regulation 24 4 b + (b)where the decision is not to impose a requirement under regulation 20(1)—

regulation 24 4 b i + (i)that decision; and

regulation 24 4 b ii + (ii)the reasons for reaching the decision.

(5) Before the expiry of 7 days beginning with the day after the day on which the Secretary of State gives a notice of decision, the Secretary of State must send a copy of the notice to the qualifying seller.

(6) Where the Secretary of State—

regulation 24 6 a + (a)requires the business purchaser to pay compensation to a qualifying seller; or

regulation 24 6 b + (b)decides not to impose a requirement under regulation 20(1) on the business purchaser,

the Secretary of State must include with the copy of the notice of decision under paragraph (5) a written notice setting out the qualifying seller’s right to appeal under regulation 25(2).