Document Generated: 2022-06-22 Status: This is the original version (as it was originally made). Enforcement action – general considerations 23.—(1) Before a NIS enforcement authority takes any action under regulation 17 or 18 the enforcement authority must consider whether it is reasonable and proportionate, on the facts and circumstances of the case, to take action in relation to the contravention. (2) The NIS enforcement authority must, in particular, have regard to the following matters— (a) any representations made by the OES or RDSP, as the case may be, about the contravention and the reasons for it, if any; (b) any steps taken by the OES or RDSP to comply with the requirements set out in these Regulations; (c) any steps taken by the OES or RDSP to rectify the contravention; (d) whether the OES or RDSP had sufficient time to comply with the requirements set out in these Regulations; and (e) whether the contravention is also liable to enforcement under another enactment. Service of documents 24.—(1) Any document or notice required or authorised by these Regulations to be served on a person may be served by— (a) delivering it to that person in person; (b) leaving it at the person’s proper address; or (c) sending it by post or electronic means to that person’s proper address. (2) In the case of a body corporate, a document may be served on a director of that body. (3) In the case of a partnership, a document may be served on a partner or person having control or management of the partnership business. (4) If a person has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept service, that address must also be treated as that person’s proper address. (5) For the purposes of this regulation “proper address” means— (a) in the case of a body corporate or its director— (i) the registered or principal office of that body; or (ii) the email address of the secretary or clerk of that body; (b) in the case of a partnership, a partner or person having control or management of the partnership business— (i) the principal office of the partnership; or (ii) the email address of a partner or a person having that control or management; (c) in any other case, a person’s last known address, which includes an email address. (6) In this regulation, “partnership” includes a Scottish partnership. Review and report 25.—(1) The Secretary of State must— (a) carry out a review of the regulatory provision contained in these Regulations; and (b) publish a report setting out the conclusions of that review. (2) The first report must be published on or before 9th May 2020 and subsequent reports must be published at biennial intervals. 20