Regulation 72 Action by enforcing authority

(1)

An enforcing 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 enforcing 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 enforcing 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 enforcing authority in taking the action.

(3)

A civil debt recoverable under paragraph (2) may be recovered summarily—

(a)

in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 M1,

(b)

in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 M2.

Annotations

Marginal citations

M1: 1980 c. 43. Section 58 was amended by paragraph 40 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).
M2: S.R. (NI) 1981 No 1675.