Section 25A: Compliance notice

25A. Compliance notice (1) Where a person is offering his services as a consultant, contractor, service provider or supplier without being registered under this Act, the Council shall cause to be served on that person a compliance notice ordering that person to make an application for registration. (2) A compliance notice shall, inter alia – (a) specify the period, not exceeding 30 days, within which the application for registration shall be made; and (b) be in such form as may be prescribed. (3) Where a compliance notice is served on a person, he shall not offer his services unless he is registered under this Act. 128 Acts 2021 (4) Where a person who has been served with a compliance notice under subsection (1) – (a) fails to make an application for registration, the Council shall forthwith refer the matter to the Police; or (b) makes an application for registration, that application shall be dealt with in accordance with this Act. (5) (a) Where the Council grants an application for registration, its shall not issue a certificate of registration unless the applicant pays, in addition to the appropriate registration fee, such penalty fee as may be prescribed not later than 28 days of being notified that his application has been approved. (b) Where the applicant referred to in paragraph (a) fails to pay the appropriate registration fee and the penalty fee, the approval of the registration shall lapse and the Council shall forthwith refer the matter to the Police. (6) A person shall not be prosecuted for having offered his services without being registered – (a) as long as the delay granted in the compliance notice has not lapsed; or (b) where he has, pursuant to a compliance notice, applied for, and been issued with, a registration certificate. (7) The Council shall, where a compliance notice sent by registered post returns undelivered and where personal service of the notice could not be effected by an authorised officer, cause substituted service – (a) by affixing a new compliance notice at the last known residence or business address of the person offering his services, or by affixing a copy of the new compliance notice where the construction works are being undertaken; and Acts 2021 129 (b) by publication of the new compliance notice in 2 newspapers, subject to the publication of the new compliance notice in the second newspaper is effected not later than 15 days after the publication of the new compliance notice in the first newspaper. (8) Where substituted service has been effected under subsection (7) and the person continues to offer his services without making an application for registration, the Council shall forthwith refer the matter to the Police.