Regulation 67 Action by enforcing authority

(1)

An enforcing authority may itself take any action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a)

the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or

(b)

the economic operator on whom such a notice has been served has failed to comply with it.

(2)

If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from that person, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3)

A civil debt recoverable under paragraph (2) may be recovered summarily—

(a)

in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 M1;

(b)

in Northern Ireland in proceedings under article 62 of the Magistrates' Courts (Northern Ireland) Order 1981 M2.

Annotations

Marginal citations

M1: 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.
M2: S.I. 1981/1675 (NI 26).