PART 9Enforcement

Notice of decision

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—

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

(i)the requirement being imposed;

(ii)the reasons for imposing the requirement;

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

(iv)an explanation as to how the amount has been calculated;

(v)how payment may be made;

(vi)that payment is due within 28 days of the receipt of the notice of decision;

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

(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

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

(i)that decision; and

(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—

(a)requires the business purchaser to pay compensation to a qualifying seller; or

(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).