(1) Before making an application for an enforcement order or an interim enforcement order, an enforcer must (subject to subsection (5)) engage in appropriate consultation with the person in respect of whom the order would be made ("the respondent").

(2) Consultation is "appropriate consultation" for the purposes of subsection (1) if it is carried out for the purposes of -

(a) achieving the cessation of a relevant infringement (in a case where the infringement is occurring) and ensuring it does not recur;

(b) ensuring there is no repetition of a relevant infringement in a case where the infringement has occurred;

(c) ensuring that a relevant infringement does not take place in a case where the infringement has yet to occur;

(d) ensuring, in the case of consultation carried out by a public designated enforcer, that the respondent is aware that an application for an enforcement order may include an application for the respondent to pay a monetary penalty.

(3) Engagement under subsection (1) must be initiated by the giving of a consultation request to the respondent.

(4) A consultation request must be given by notice in writing.

(5) The requirement to consult under this section does not apply if -