Document Generated: 2022-06-22
Status: This is the original version (as it was originally made).
(e) comply with an information notice issued under regulation 15; or
(f) comply with—
(i) a direction given under regulation 16(2)(c), or
(ii) the requirements stipulated in regulation 16(3).
(3) An enforcement notice that is served under paragraph (1) or (2) must be in writing and must
specify the following—
(a) the reasons for serving the notice;
(b) the alleged failure which is the subject of the notice;
(c) what steps, if any, must be taken to rectify the alleged failure and the time period during
which such steps must be taken; and
(d) how and when representations may be made about the content of the notice and any related
matters.
(4) If the relevant competent authority or Information Commissioner is satisfied that no further
action is required, having considered—
(a) the representations submitted in accordance with paragraph (3)(d); or
(b) any steps taken to rectify the alleged failure;
it must inform the OES or the RDSP, as the case may be, in writing, as soon as reasonably practicable.
(5) The OES or RDSP may request reasons for a decision to take no further action under
paragraph (4) within 28 days of being informed of that decision.
(6) Upon receipt of a request under paragraph (5), the relevant competent authority or Information
Commissioner must provide written reasons for a decision under paragraph (4) within a reasonable
time and in any event no later than 28 days.
Penalties
18.—(1) The relevant competent authority for an OES may serve a penalty notice upon that OES
if the OES was served with an enforcement notice under regulation 17(1) and the OES—
(a) was required to take steps to rectify a failure within a time period stipulated in the
enforcement notice but the operator failed to take any steps or any adequate steps; or
(b) was not required to take steps to rectify a failure but the competent authority is not satisfied
with the representations submitted by the OES in accordance with regulation 17(3)(d).
(2) The Information Commissioner may serve a penalty notice upon a RDSP if the RDSP was
served with an enforcement notice under regulation 17(2) and the RDSP—
(a) was required to take steps to rectify a failure within a time period stipulated in the
enforcement notice but the RDSP failed to take any steps or any adequate steps; or
(b) was not required to take steps to rectify a failure but the Information Commissioner
is not satisfied with the representations submitted by the RDSP in accordance with
regulation 17(3)(d).
(3) A penalty notice must be in writing and must specify the following—
(a) the reasons for imposing a penalty;
(b) the sum that is to be imposed as a penalty and how it is to be paid;
(c) the date on which the notice is given;
(d) the date, at least 30 days after the date specified in sub-paragraph (c), before which the
penalty must be paid (“the payment period”);
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents