Agriculture Act 2020
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Change 1
28 Enforcement of information requirements
(1) The Secretary of State may by regulations make provision for enforcement of a requirement imposed under section 23(1) or (2). (2) In the following provisions of this section “specified” means specified in regulations under subsection (1). (3) In subsection (1) “enforcement” includes (in particular)— (a) monitoring compliance, (b) investigating non-compliance, and (c) dealing with non-compliance. (4) The provision that may be made by regulations under subsection (1) includes (in particular)— (a) provision for the imposition of monetary penalties for non-compliance with requirements, whether penalties— (i) of a specified amount, (ii) of an amount calculated in a specified manner, (iii) of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description, or (iv) by way of suspending, or withholding, payment of any amounts; (b) provision for recovery of amounts due in respect of monetary penalties, including provision for any of interest, set-off and security for payment; (c) provision about the giving of advice or warnings; (d) provision for the acceptance of undertakings to take, or refrain from taking, particular actions; (e) provision giving persons functions in connection with enforcement of requirements; (f) provision about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements. (5) In subsection (4)(a) “specified manner” includes (in particular) a manner framed by reference to a specified matter such as a person's profits, income or turnover. (6) Regulations under subsection (1) are subject to affirmative resolution procedure.
28 Enforcement of information requirements
(1) The Secretary of State may by regulations make provision for enforcement of a requirement imposed under section 23(1) or (2). (2) In the following provisions of this section “specified” means specified in regulations under subsection (1). (3) In subsection (1) “enforcement” includes (in particular)— (a) monitoring compliance, (b) investigating non-compliance, and (c) dealing with non-compliance. (4) The provision that may be made by regulations under subsection (1) includes (in particular)— (a) provision for the imposition of monetary penalties for non-compliance with requirements, whether penalties— (i) of a specified amount, (ii) of an amount calculated in a specified manner, (iii) of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description, or (iv) by way of suspending, or withholding, payment of any amounts; (b) provision for recovery of amounts due in respect of monetary penalties, including provision for any of interest, set-off and security for payment; (c) provision about the giving of advice or warnings; (d) provision for the acceptance of undertakings to take, or refrain from taking, particular actions; (e) provision giving persons functions in connection with enforcement of requirements; (f) provision about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements. (5) In subsection (4)(a) “specified manner” includes (in particular) a manner framed by reference to a specified matter such as a person's profits, income or turnover. (6) Regulations under subsection (1) are subject to affirmative resolution procedure.
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