109. Civil enforcement action by Regulatory and Supervisory Authority

(1)

Where it appears to a Regulatory and Supervisory

Authority that there is a reasonable likelihood that any person will contravene or has contravened or will breach or has breached or is likely to fail to comply with or has failed to comply with—

(a)

any provision of this Act;

(b)

any regulations made under this Act;

(c)

any order, direction, standards or guidelines, condition, restriction, specification or requirement under this Act;

(d)

any action taken by the Regulatory and Supervisory

Authority under section 106, the Regulatory and Supervisory Authority may institute civil proceedings in the court seeking any order specified under subsection 110(1) against that person whether or not that person has been charged with an offence in respect of the contravention or breach or whether or not a contravention or breach has been proved in a prosecution.

(2)

For the purposes of this section—

(a)

the Regulatory and Supervisory Authority shall exclude the Ministry of Domestic Trade and Cost of Living; and

(b)

the civil proceedings instituted by the Ministry of

Housing and Local Government shall be in the name of the Government.

104

Report

Read on from s 110

Part X

General Provisions

Read on from Part X

109. Civil enforcement action by Regulatory and Supervisory Authority

Terms defined in s 4

General Provisions

Schedules