Paragraph 6 Explanation of suggested remedial action

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

Sch. 3 para. 1(2) substituted by Energy Information and Energy Efficiency 2001 reg. 11(5)(a)
Sch. 3 para. 2(2)-(4) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(i)
Sch. 3 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(ii)
Sch. 3 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iii)
Sch. 3 para. 6-8 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iv)
Sch. 3 para. 15(3)(i) word omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(3)(j) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(5)(f) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vi)
Sch. 3 para. 19 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vii)
Sch. 3 para. 15(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 30(2)

(1)

Subject to paragraph 8 (application of paragraphs 6 and 7 to other interested persons), where a duly authorised officer of an enforcement authority expresses to any person any opinion as to what remedial action should be taken by that person in respect of a contravention of these Regulations, then, if that person so requests, the officer—

(a)

shall as soon as practicable give to him a written notice which satisfies the requirements of sub-paragraph (2); and

(b)

shall not take any enforcement action against him until after the end of the period of 21 days beginning with the giving to him of the notice.

(2)

A notice satisfies the requirements of this sub-paragraph if it—

(a)

explains what constitutes the failure to observe these Regulations;

(b)

states the nature of the remedial action which in the officer’s opinion should be taken, and explains why and within what period; and

(c)

states the nature of the enforcement action which could be taken and states whether there is a right to make representations before, or a right of appeal against, the taking of such action.