Paragraph 27 Enforcement cost recovery noticesI1

England and Wales

(1)

The regulator may serve a notice (an “enforcement cost recovery notice”) on a person on whom a relevant notice has been served requiring that person to pay the costs incurred by the regulator in relation to the imposition of the requirement imposed by the relevant notice up to the time of its imposition.

(2)

In sub-paragraph (1), a “relevant notice” means a F1fixed monetary penalty notice, compliance notice or stop notice.

(3)

“Costs” include in particular—

(a)

investigation costs;

(b)

administration costs; and

(c)

costs of obtaining expert advice (including legal advice).

(4)

The enforcement cost recovery notice must specify—

(a)

how payment must be made;

(b)

the amount required to be paid and the period in which payment must be made, which must not be less than 28 days;

(c)

the grounds for imposing the notice;

(d)

the right of appeal; and

(e)

the consequences of a failure to comply with the notice in the specified period.

(5)

The person on whom the notice is served may require the regulator to provide a detailed breakdown of the amount.

(6)

The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred.

Annotations

Textual amendments

F1: Word in Sch. para. 27(2) substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(l) (with reg. 16(a))

Commencement

I1: Sch. para. 27 in force at 9.1.2018, see reg. 1(2)