Paragraph 6 CostsI1

England, Wales and Scotland Not yet in force

(1)

If—

(a)

the Secretary of State issues a compliance notice, redress notice or monetary penalty notice (“the principal notice”) to a regulated body, and

(b)

the notice of intent that preceded the principal notice included the contents set out in paragraph 5 (3),

the Secretary of State may also issue a costs notice to that body.

(2)

A costs notice is a notice requiring the regulated body to pay a sum specified in the notice to the Secretary of State.

(3)

That sum must be no greater than the total of the costs reasonably incurred by the Secretary of State in connection with the principal notice.

(4)

The costs that may be taken into account for that purpose include—

(a)

costs of investigating the matters to which the principal notice relates,

(b)

administrative costs, and

(c)

costs of obtaining expert advice (including legal advice).

(5)

A costs notice must—

(a)

particularise the costs relied on in arriving at the sum specified in the notice,

(b)

explain (if it is not otherwise apparent) how those costs have been calculated, and

(c)

specify the time by which, and manner in which, the sum must be paid.

(6)

If a sum payable under a costs notice is not paid in time—

(a)

the sum (or the unpaid part of it) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838;

(b)

the Secretary of State may recover the sum (or the unpaid part of it), with the interest, as a civil debt.

(7)

The cancellation of a compliance notice, redress notice, or monetary penalty notice has the effect of cancelling any costs notice issued in connection with it.

Annotations

Commencement

I1: Sch. 1 para. 6 not in force at Royal Assent, see s. 99(1)