Compliance orders
19.—(1)  The Authority may (without compensation) impose a compliance order on a registered provider if the Authority is satisfied —
(a)that the registered provider has contravened, or failed to comply with, any condition of registration, any direction given by the Authority under section 18, or any provision of a code of practice applicable to the registered provider; and
(b)that it is appropriate or requisite that a compliance order under this section be given instead of a regulatory sanction under section 20.
(2)  A compliance order —
(a)may require the registered provider concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the compliance order or are of a description as so specified therein;
(b)is to take effect at such time, being the earliest practicable time, as is determined by or under the compliance order; and
(c)may be revoked at any time by the Authority.
(3)  Without limiting subsection (2)(a), a compliance order —
(a)may include measures to be taken by the registered provider to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order; and
(b)may offer the registered provider on whom it is imposed, a choice of ways to rectify the contravention or non‑compliance, or to otherwise comply with the compliance order.
(4)  In determining whether it is appropriate or requisite that a compliance order (instead of a regulatory sanction under section 20) be imposed, the Authority must have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:
(a)the extent that any person is likely to sustain loss or damage due to anything likely to be done, or omitted to be done, as a result of the contravention or the non‑compliance, if no regulatory sanction under section 20 is imposed;
(b)whether a compliance order is proportionate to the nature of the contravention or non‑compliance;
(c)whether the contravention or non‑compliance is rectifiable.
(5)  The Authority must, before imposing any compliance order, give notice to the registered provider concerned —
(a)stating that the Authority intends to impose a compliance order against the registered provider;
(b)specifying the instance of contravention or non‑compliance that is the subject of the proposed compliance order; and
(c)specifying the time (not being less than 28 days after the date of service of the notice) within which written representations may be made to the Authority with respect to the proposed compliance order.
(6)  The Authority may, after considering any written representation under subsection (5)(c), impose such compliance order on the registered provider as the Authority considers appropriate by giving written notice to the registered provider of that compliance order.
(7)  A registered provider must comply with every compliance order imposed on the registered provider by the Authority under this section.