Section 124 | Applications for LME orders

(1)The Secretary of State may apply for an LME order to be made under section 123 in relation to a person (the “proposed respondent”) if—

(a)the Secretary of State has given the proposed respondent a notice under section 119, and

(b)the proposed respondent—

(i)refuses to give an LME undertaking, or

(ii)otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the Secretary of State.

(2)The Secretary of State may also apply for an LME order if the proposed respondent—

(a)has given an LME undertaking to the Secretary of State, and

(b)has failed to comply with the undertaking.

(3)In subsection (1) “the negotiation period” means—

(a)the period of 14 days beginning with the day after the day on which the notice mentioned in paragraph (a) of that subsection was given, or

(b)a longer period agreed between the Secretary of State and the proposed respondent.