139ZZB.— (1) Where—

(a) the Commission has decided under section 139ZS that it is satisfied that a contravention has occurred, and

(b) the Commission’s decision in so far as it relates to the occurrence of the contravention is confirmed under section 139ZX or 139ZY or is replaced under section 139ZX with a decision to the same effect,

the Commission may, if it is of the view that the contravention is continuing, give notice in writing to the F288[the inquiry subject directing the inquiry subject] to put an end to the contravention.

(2) A notice under subsection (1) shall state—

(a) the steps which the Commission requires the F288[inquiry subject] to take to put an end to the contravention, and

(b) the period within which those steps must be taken.

(3) A notice under subsection (1) shall be given as soon as practicable after the date on which the decision is confirmed under section 139ZX or 139ZY or is replaced under section 139ZX with a decision to the same effect.

(4) A F288[person] who without reasonable excuse fails to comply with a notice under subsection (1) shall be guilty of a category 1 offence.

(5) Where an offence has been committed under subsection (4) F288[by a body corporate] and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the offence committed by the body corporate.

(6) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(7) Any proceedings, including summary proceedings, under subsection (5) shall not be instituted except by or with the consent of the Director of Public Prosecutions.]