This Section sets out that the penalty is suspended pending relevant criminal proceedings.
	Subsection (1) sets out that subsection (3) applies where the Secretary of State proposes to issue a notice of underpayment involving a penalty and it becomes apparent to them that relevant criminal proceedings have been or may be brought.
	Subsection (2) defines "relevant criminal proceedings" as proceedings against the liable party for a labour market offence in respect of any act or omission that the notice of underpayment relates to.
	Subsection (3) sets out that a notice of underpayment can include provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the liable party under subsection (4).
	Subsection (4) provides that Secretary of State can terminate the penalty suspension via a "penalty activation notice". This subsection further sets out that a penalty activation notice can be issued if relevant criminal proceedings have concluded without the liable party having been convicted of a relevant labour market offence, or if proceedings will not be brought.
	Subsection (5) provides that, in effect, the penalty is due 28 days after the penalty activation notice is given.
	Subsection (6) provides that in cases where the liable party on the notice is convicted of a relevant labour market offence, the requirement to pay the penalty must be withdrawn.
Part 5: Enforcement of Labour Market Legislation Notice of Underpayment Section 109 – Suspension of penalty where criminal proceedings have been brought, etc