Regulation 17 Action by enforcement authority
An enforcement authority may itself take any action which an economic operator could have been required to take by a notice served under regulation 5 (enforcement powers) where the conditions for serving such a notice are met and either—
the enforcement authority has been unable to identify any economic operator on whom to serve such a notice; or
the economic operator on whom such a notice has been served has failed to comply with it.
If the enforcement authority has taken action under paragraph (1) following the failure of an economic operator to comply with a notice, the authority may recover from that person as a civil debt any costs or expenses incurred by the enforcement authority in taking the action.
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 1980;
in Northern Ireland, in proceedings under Article 62 of the Magistrates' Court (Northern Ireland) Order 1981.