Regulation 93 Enforcement costs recovery notices
An enforcement authority may serve an enforcement cost recovery notice on a person on whom a variable monetary penalty notice under Part 4 of Schedule 6, or a compliance notice under Part 5 of Schedule 6, has been served, requiring that person to pay the enforcement authority’s costs in relation to that notice up to the time of its imposition.
The costs mentioned in paragraph (1) include, in particular—
investigation costs;
administration costs;
the costs of obtaining expert advice (including legal advice).
An enforcement costs recovery notice must be in writing and must specify—
the amount to be paid,
how payment must be made,
the period within which payment must be made, which must be not less than 28 days beginning with the day after the day on which the notice is served,
the grounds for serving the notice,
the right of appeal, and
the consequences of failure to comply with the notice in the specified period.
A person on whom an enforcement costs recovery notice is served may require the enforcement authority to provide a detailed breakdown of the amount specified under paragraph (3)(a).
A person required to pay costs is not liable to pay any costs which are shown by the person to be unnecessarily incurred.
A person may appeal against—
the requirement to pay costs;
the amount of those costs.
An enforcement authority may recover any costs required to be paid under an enforcement cost recovery notice—
as a civil debt, or
on the order of a court, as if payable under a court order.