§ 42 — Content and effect of directions — general

42.—(1) A Part 3 direction may be given to the person or persons mentioned respectively for the direction individually or as a class.(2) A Part 3 direction is binding on —(a)

the person to whom it is addressed; and

(b)

if applicable, the personal representatives, successors, and assignees of the person to whom it is addressed to the same extent as it applies to that person.

(3) In authorising or giving a Part 3 direction, it is not necessary for the Minister or a competent authority to give any person who may be affected by the direction a chance to be heard before the direction is authorised to be given or given.

(4) A Part 3 direction must —(a)

where it relates to information or material, so far as is reasonably practicable, identify the information or material in a way that is sufficient to enable the person given the direction to comply with the direction;

(b)

state whether the person to whom it is given must do all or any of the following, whichever being applicable:(i)

advise the competent authority within a time specified in the direction of the details of the manner in which the person proposes to comply with the direction;

(ii)

keep information about the matters that are the subject of the direction for a time specified in the direction;

(iii)

regularly notify within the times specified in the direction the competent authority about the steps being taken towards compliance with the direction;

(iv)

give written notice to the competent authority when the person has complied with the direction; and

(c)

state that it is an offence under this Act to fail to comply with the direction.

(5) A Part 3 direction continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the Minister cancels the authorisation containing the direction under section 22(1)(a) or 23(3)(a) or the direction under subsection (6);

(c)

the direction is cancelled on appeal under Part 8.

(6) If satisfied that a Part 3 direction has been complied with —(a)

the Minister must cancel the Part 3 direction; and

(b)

the competent authority must give written notice of the cancellation —(i)

in the same manner in which the Part 3 direction was first given; or

(ii)

if sub‑paragraph (i) is not practicable, in a manner as will secure adequate notice to the person given the direction (or both) for the fact of the cancellation.

(7) Subsection (6) does not prevent a further Part 3 direction being authorised to be given in the same terms as a Part 3 direction that has expired.

—(1) A Part 3 direction may be given to the person or persons mentioned respectively for the direction individually or as a class.

(2) A Part 3 direction is binding on —(a)

the person to whom it is addressed; and

(b)

if applicable, the personal representatives, successors, and assignees of the person to whom it is addressed to the same extent as it applies to that person.

(3) In authorising or giving a Part 3 direction, it is not necessary for the Minister or a competent authority to give any person who may be affected by the direction a chance to be heard before the direction is authorised to be given or given.

(4) A Part 3 direction must —(a)

where it relates to information or material, so far as is reasonably practicable, identify the information or material in a way that is sufficient to enable the person given the direction to comply with the direction;

(b)

state whether the person to whom it is given must do all or any of the following, whichever being applicable:(i)

advise the competent authority within a time specified in the direction of the details of the manner in which the person proposes to comply with the direction;

(ii)

keep information about the matters that are the subject of the direction for a time specified in the direction;

(iii)

regularly notify within the times specified in the direction the competent authority about the steps being taken towards compliance with the direction;

(iv)

give written notice to the competent authority when the person has complied with the direction; and

(c)

state that it is an offence under this Act to fail to comply with the direction.

(5) A Part 3 direction continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the Minister cancels the authorisation containing the direction under section 22(1)(a) or 23(3)(a) or the direction under subsection (6);

(c)

the direction is cancelled on appeal under Part 8.

(6) If satisfied that a Part 3 direction has been complied with —(a)

the Minister must cancel the Part 3 direction; and

(b)

the competent authority must give written notice of the cancellation —(i)

in the same manner in which the Part 3 direction was first given; or

(ii)

if sub‑paragraph (i) is not practicable, in a manner as will secure adequate notice to the person given the direction (or both) for the fact of the cancellation.

(7) Subsection (6) does not prevent a further Part 3 direction being authorised to be given in the same terms as a Part 3 direction that has expired.