Paragraph 29 Enforcement cost recovery noticesI1

England and Wales

(1)

A regulator may serve a notice on a person on whom a stop notice or a compliance notice has been served, requiring that person to pay the costs incurred by the regulator in relation to the requirement imposed by the stop notice or compliance notice (an “enforcement cost recovery notice”), up to the date upon which the stop notice or the compliance notice is served.

(2)

“Costs” include, in particular—

(a)

investigation costs,

(b)

administration costs, and

(c)

costs of obtaining expert advice (including legal advice).

(3)

The enforcement cost recovery notice must specify—

(a)

how payment may be made,

(b)

the amount required to be paid,

(c)

the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice is received,

(d)

the grounds for imposing the notice,

(e)

the right of appeal, and

(f)

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

(4)

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

(5)

The person required to pay costs by an enforcement cost recovery notice is not liable to pay any costs shown by that person to have been unnecessarily incurred by the regulator.

(6)

Each regulator must publish guidance about its use of enforcement cost recovery notices.

(7)

The regulator must revise the guidance where appropriate.

(8)

The regulator must have regard to its guidance or revised guidance published under this paragraph in exercising its functions.

Annotations

Commencement

I1: Sch. para. 29 in force at 1.6.2025, see reg. 1(2)