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(a)     that he is or has been in [serious or repeated] contravention of requirements to pay administrative charges fixed under section 38 (whether in respect of the whole or a part of the charges);

[(aa)     that, in the case of a single serious contravention, a notification has been given to the contravening provider under section 40 and the period for making representations under that section has expired;]

(b)     that[, in the case of a repeated contravention] the bringing of proceedings for the recovery of the amounts outstanding has failed to secure complete compliance by the contravening provider with the requirements to pay the charges fixed in his case, or has no reasonable prospect of securing such compliance;

(c)     that[, in the case of a repeated contravention] an attempt, by the imposition of penalties under section 41, to secure such compliance has failed; and

[(d)     that the suspension of the application of the code is appropriate and proportionate to the contravention].