Section 165

This section applies where an enforcer proposes to— and the proposed variation or release has not been requested by the respondent. accept a material variation of an undertaking under section 163, or release the respondent from any such undertaking, Before taking the proposed action mentioned in subsection (1) the enforcer must— give notice to the respondent under subsection (3), and consider any representations made in accordance with the notice. A notice under this subsection must state— the fact that the enforcer is proposing to act as mentioned in subsection (1), the reasons for doing so, and the means by which, and the time by which, representations may be made in relation to the proposed action. If after considering any representations made in accordance with a notice under subsection (3) an enforcer decides to take an action mentioned in subsection (1), the enforcer must give notice to the respondent of that decision. The reference in subsection (1)(a) to a material variation is a reference to any variation that the enforcer considers to be material in any respect.

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Source: legislation.gov.uk · retrieved 2026-07-30