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<p>Where an ERO does not carry out their duties in full, the Commission’s priority
is to take action to ensure that the ERO makes improvements to their performance in
the discharge of their functions. In doing this, the Commission will consider all
available options to determine a proportionate response based on the facts of each
particular case.</p><p>Failure to comply with a legal duty can constitute an offence.
It is open to anyone who believes that such an offence may have been committed to
refer the matter to the police for investigation. In deciding whether to bring a prosecution
the Crown Prosecution Service would consider all relevant circumstances, including
the reasons for the alleged breach and whether a prosecution is in the public interest.</p><p>
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