19Applications
(1)An enforcing authority may apply for an LME order to be made under section 18 against a person (the “proposed respondent”) if—
(a)the authority has served a notice on the proposed respondent under section 14, 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 enforcing authority.
(2)An enforcing authority may also apply for an LME order if the proposed respondent—
(a)has given an LME undertaking to the enforcing authority, 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 that on which the notice mentioned in paragraph (a) of that subsection was given, or
(b)such longer period as may be agreed between the enforcing authority and the proposed respondent.