Paragraph 39 Procedure to be followed before taking enforcement action

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 6(9) words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(a)
Sch. para. 35(5) words substituted by Postal Services Act 2000 (Consequential Modifications No. 1) 2001 Sch. 1 para. 110
Sch. Ch.1 applied by Chemical Weapons (Licence Appeal Provisions) 1996 art.2, Sch.
Sch. para. 35(5) words substituted by Postal Services Act 2011 (Consequential Modifications and Amendments) 2011 Sch. 1 para. 34
Sch. para. 6(3A) inserted by Constitutional Reform Act 2005 Sch. 4 Pt. 1 para. 260
Sch. para. 25(2) omitted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(b)
Sch. para. 37 heading words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(c)
Sch. para. 37 words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(d)

(1)

Subject to paragraph (2), before an enforcement officer takes any enforcement action against any person, the officer—

(a)

must give to that person a written notice stating—

(i)

that he is considering taking the action and the reasons why he is considering it; and

(ii)

that the person may, within a period specified in the notice, make written representations to that officer or, if he so requests, make oral representations to the officer in the presence of a senior officer of the authority who shall be appointed by the authority.

(b)

must consider any representations which are duly made and not withdrawn; and

(c)

where, having considered any such representations, he decides to take the enforcement action, must give to the person a further written notice stating the reasons for his decision.

(2)

Nothing in paragraph (1) prevents an enforcement officer from taking immediate enforcement action against any person, or requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to do so; but where the officer does so he must as soon as practicable give to that person a written notice explaining why it appeared to be necessary to take such action or impose such a requirement.

(3)

Nothing in paragraph (1) or (2) requires any enforcement officer to disclose any information the disclosure of which would be contrary to the public interest.

(4)

Where—

(a)

an enforcement officer has taken enforcement action against any person, and

(b)

any enactment (whenever passed or made) confers a right of appeal against such action,

the officer must as soon as practicable give to that person a written notice explaining how, where, within what period and on what grounds, an appeal may be brought, and whether the enforcement action would be stayed, or in Scottish proceedings, suspended while the appeal were pending.

(5)

Where an enforcement officer takes or considers taking enforcement action in relation to any restriction, requirement or condition, he must take reasonable steps to identify any person who—

(a)

will or may be required to meet or make a significant contribution towards the cost of observing the restriction or complying with the requirement or condition or

(b)

has supplied, or is to supply, any goods or services to which the enforcement action specifically relates;

and he must give to any person so identified a copy of any notice given under paragraph (4); and paragraphs (1) and (2) apply in relation to any person so identified as if that person was the person against whom the enforcement action is taken or considered.

(6)

Except where the context otherwise requires, expressions used in this rule and in section 5 of the Deregulation and Contracting Out Act 1994^f1 have the same meaning in this rule as they have in that section.

Annotations

Footnotes

f1: 1994 c. 40.