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Regulation 40 Enforcement costs recovery noticeI1

England and Wales

(1)

An enforcing authority may, by way of serving a written notice (an “enforcement costs recovery notice”) on an offender on whom a compliance notice has been served, require the offender to pay the costs incurred by the authority in relation to the compliance notice up to the time of its service on the offender.

(2)

In sub-paragraph (1), the reference to “costs” means reasonably and necessarily incurred—

(a)

investigation costs;

(b)

administration costs; and

(c)

costs of obtaining expert advice, including legal advice.

(3)

An enforcing authority must provide a detailed breakdown of the costs specified in an enforcement costs recovery notice if requested to do so by the offender.

Annotations

Commencement

I1

Reg. 40 in force at 12.2.2019, see reg. 1(1)