Cap. 626 ст. 54Procedure when taking a measure under article 53.

(1) The Authority shall, before proceeding to take any of the measures under article 53, write to the person concerned, warning the person of the measure that may be taken and the specific reason why it may be taken, requiring the person to cease or rectify such acts or omissions and, or to make his submissions thereto within such period, not being less than twenty-five (25) days, which period, without prejudice to the provisions of sub-article (4), may be abridged if the Authority considers that the continuance of the infringement impacts negatively the effective exercise by the Authority of its regulatory functions and, or warrants the immediate intervention of the Authority:

Provided that when issuing a warning under this sub-article, the Authority may impose such conditions as it may consider reasonable in the circumstances.

(2) If the person concerned remedies the infringement within the period established by the Authority in accordance with sub-article (1), and agrees in writing to abide by any condition that the Authority may impose, the Authority may at its discretion desist from proceeding any further.

(3) If, after the lapse of the period mentioned in sub-article (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why no measure should be taken against him, the Authority shall notify the person concerned in writing, specifying the nature of the infringement, stating the measure being taken.

(4) Notwithstanding the provisions of sub-article (1), where the Authority has evidence that the infringement: prima facie

(a) represents an immediate and serious threat to the public interest or to the application of mandatory rules of law; or

(b) creates or may create serious economic or operational problems for other operators or users of sports facilities; or

(c) would result in significant harm to persons using the sports facility, the Authority may take urgent interim measures to remedy the situation in advance of reaching a final decision, including ordering the immediate cessation of the act or omission giving cause to the infringement:

Provided that the person against whom such measures are contemplated shall, thereafter, be given a reasonable opportunity to state his view and propose any remedies:

Provided further that the interim measures shall be valid for a maximum of three (3) months, subject to extension for a further period of three (3) months, in circumstances where enforcement procedures have not been completed.

(5) Notwithstanding the provisions of any law, no precautionary warrant or order shall be issued by any court restraining the Authority from taking any material prevention or management measure under this Act, or under any regulations made hereunder or any other law. Without prejudice to the power of the Authority to declare to the court that a measure is one contemplated by this article, the Minister may from time to time make regulations to better define what constitutes a material prevention or management measure for the purposes of this Act.