SCHEDULE 26Enforcement undertakings

Enforcement undertakings1

1

The Agency may accept an enforcement undertaking from a person in a case where the Agency has reasonable grounds to suspect that the person has committed any of the following offences in relation to a regulated facility or an exempt facility that has been or is being operated in England—

a

regulation 38(1) (contravening regulation 12(1) or knowingly causing or knowingly permitting the contravention of regulation 12(1)(a)),

b

regulation 38(2) (failing to comply with, or contravening, an environmental permit condition),

c

regulation 38(4)(a) (failing to comply with a notice under regulation 61(1) requiring the provision of information),

d

regulation 38(5)(a) (failing to comply with the record-keeping requirements in paragraph 17(3) or (4) of Schedule 2), or

e

regulation 38(6) (acts of third parties) so far as it relates to an offence listed in paragraphs (a) to (d).

F12

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3

For the purposes of this Schedule, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such period as may be so specified.