(1) A notified person may at any time prior to the date on which an adjudicator makes a decision under section 90 in relation to the regulatory breach specified in a notice of suspected non-compliance (referred to in this section as the "relevant breach"), propose to the Commission in writing measures to appropriately address the breach.

(2) Where the Commission receives a proposal under subsection (1), it may -

(a) consult to the extent that it sees fit in relation to the proposal, including consulting publicly or consulting other persons,

(b) where it is of the opinion that it requires further information in order to consider the proposal, by notice in writing served on the person that made the proposal, require the person to give to it within a specified period specified information, and

(c) where it considers it necessary to do so, at any time before the proposal is made the subject of a commitment, propose to the person modifications, alterations, additions or other changes to the proposal.

(3) Where the Commission is satisfied that the terms of the proposal (subject to any modifications, alterations, additions or other changes made to the proposal under subsection (2)) -

(a) appropriately address the relevant breach, and