(1) This section applies if an authorised person may take action against a person (the offender ) for failure to comply with this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The authorised person may, instead of taking other action against the offender, formally warn (a formal warning ) the offender if the person believes on reasonable grounds that—
(a) the offender—
(i) took reasonable steps to prevent the failure to comply; and
(ii) was unaware of the failure to comply; and
(b) it is appropriate to deal with the failure to comply by way of a formal warning under this section.
(3) A formal warning must be in writing.