OpenLegislation

Regulation 68 Action by the market surveillance authorityI1

England, Wales and Scotland

(1)

The market surveillance authority may itself take 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 market surveillance 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 market surveillance authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the market surveillance authority in taking the action.

(3)

A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980f1.

Annotations

Commencement

I1

Reg. 68 in force at 8.12.2016, see reg. 1(1)

Footnotes

f1

1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.