76. (1) Where the Commission has given a notice under section 73 to a provider in respect of a contravention, and it appears to the Commission that—

(a) the provider has failed to comply with the notice within the period stated under section 73(2),

(b) the contravention is continuing,

(c) the other powers of the Commission pursuant to Article 51 to put an end to the contravention have been exhausted, and

(d) the contravention is causing serious harm that cannot be avoided through the exercise of other powers,

the Commission may, by notice in writing to the provider, request the management body of the provider to consider the steps required by the notice under section 73 and to propose what steps the provider should now be required to take to put an end to the contravention, and within what period.

(2) A notice under subsection (1) shall state the time within which the management body must comply with the request.

(3) Where the management body of a provider makes a proposal in accordance with a notice under subsection (1), the Commission may give a further notice in writing to the provider directing the provider to put an end to the contravention referred to in subsection (1) and stating—

(a) the steps which the Commission requires the provider to take to put an end to the contravention, and

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

(4) Section 73(4) to (6), and sections 74 and 75, apply in relation to a notice under subsection (3) as they apply in relation to a notice under section 73.

(5) The giving of a notice under subsection (3) does not affect the application of section 73(4) to (6), 74 or 75 in relation to the earlier notice under section 73.