§ 48L — Voluntary undertakings

48L.—(1) Without affecting sections 48I, 48J(1) and 50(1), where the Commission has reasonable grounds to believe that —(a)

an organisation has not complied, is not complying or is likely not to comply with any provision of Part 3, 4, 5, 6, 6A or 6B; or

(b)

a person has not complied, is not complying or is likely not to comply with any provision of Part 9 or section 48B(1),

the organisation or person concerned may give, and the Commission may accept, a written voluntary undertaking.

[40/2020]

(2) Without limiting the matters to which the voluntary undertaking may relate, the voluntary undertaking may include any of the following undertakings by the organisation or person concerned:(a)

an undertaking to take specified action within a specified time;

(b)

an undertaking to refrain from taking specified action;

(c)

an undertaking to publicise the voluntary undertaking.[40/2020]

(3) Subject to subsection (4), the Commission may, after accepting the voluntary undertaking and with the agreement of the organisation or person who gave the voluntary undertaking —(a)

vary the terms of any undertaking included in the voluntary undertaking; or

(b)

include, in the voluntary undertaking, any additional undertaking mentioned in subsection (2).[40/2020]

(4) Where an organisation or a person fails to comply with any undertaking in a voluntary undertaking —(a)

the Commission may give the organisation or person concerned any direction that the Commission thinks fit in the circumstances to ensure the compliance of the organisation or person with that undertaking; and

(b)

section 48K(1), (3), (4), (5), (6) and (7) applies to the direction given under paragraph (a) as if the direction were given under section 48I.[40/2020]

(5) In addition, where an organisation or a person fails to comply with an undertaking mentioned in subsection (2)(c), the Commission may publicise the voluntary undertaking in accordance with the undertaking, and recover the costs and expenses so incurred from the organisation or person as a debt due to the Commission.[40/2020]

—(1) Without affecting sections 48I, 48J(1) and 50(1), where the Commission has reasonable grounds to believe that —(a)

an organisation has not complied, is not complying or is likely not to comply with any provision of Part 3, 4, 5, 6, 6A or 6B; or

(b)

a person has not complied, is not complying or is likely not to comply with any provision of Part 9 or section 48B(1),

the organisation or person concerned may give, and the Commission may accept, a written voluntary undertaking.

[40/2020]

(2) Without limiting the matters to which the voluntary undertaking may relate, the voluntary undertaking may include any of the following undertakings by the organisation or person concerned:(a)

an undertaking to take specified action within a specified time;

(b)

an undertaking to refrain from taking specified action;

(c)

an undertaking to publicise the voluntary undertaking.[40/2020]

(3) Subject to subsection (4), the Commission may, after accepting the voluntary undertaking and with the agreement of the organisation or person who gave the voluntary undertaking —(a)

vary the terms of any undertaking included in the voluntary undertaking; or

(b)

include, in the voluntary undertaking, any additional undertaking mentioned in subsection (2).[40/2020]

(4) Where an organisation or a person fails to comply with any undertaking in a voluntary undertaking —(a)

the Commission may give the organisation or person concerned any direction that the Commission thinks fit in the circumstances to ensure the compliance of the organisation or person with that undertaking; and

(b)

section 48K(1), (3), (4), (5), (6) and (7) applies to the direction given under paragraph (a) as if the direction were given under section 48I.[40/2020]

(5) In addition, where an organisation or a person fails to comply with an undertaking mentioned in subsection (2)(c), the Commission may publicise the voluntary undertaking in accordance with the undertaking, and recover the costs and expenses so incurred from the organisation or person as a debt due to the Commission.[40/2020]