# The Digital Waste Tracking (England) Regulations 2026, Regulation 20: Enforcement cost recovery notices


(1) The Agency may serve a notice (“an enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice in accordance with Part 2 of Schedule 2, or a compliance notice in accordance with Part 3 of Schedule 2, has been served requiring that person to pay the costs incurred by the Agency in relation to the imposition of that notice up to the time of its imposition.
(2) Costs referred to in paragraph (1) include in particular—
(a) investigation costs;
(b) administration costs;
(c) costs of obtaining expert advice (including legal advice).
(3) The enforcement cost recovery notice must specify—
(a) the amount required to be paid;
(b) how payment must be made;
(c) the period within which payment must be made, which must not be less than 28 days beginning with the date on which the notice is served;
(d) the grounds for serving the enforcement cost recovery notice;
(e) the right of appeal; and
(f) the consequences of failure to comply with the enforcement cost recovery notice in the specified period.
(4) A person on whom the enforcement cost recovery notice is served may require the Agency to provide a detailed breakdown of the amount.
(5) A person required to pay costs is not liable to pay the proportion of those costs which are shown by the person to have been unnecessarily incurred.
(6) The person required to pay costs may appeal to the First-tier Tribunal in accordance with the procedure in regulation 25 against—
(a) the decision of the Agency to impose the requirement to pay costs; or
(b) the decision of the Agency as to the amount required to be paid in respect of those costs.
(7) The Agency may recover any costs required to be paid under an enforcement cost recovery notice—
(a) as a civil debt; or
(b) on the order of a court, as if payable under a court order.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348282726/regulation/20 (the official version)
Page: https://openlegislation.uk/draft-digital-waste-tracking-england-regulations-2026/regulation-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.