Regulation 79 Action by enforcing authorityI1
United Kingdom
An enforcing authority may 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—
the 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 enforcing authority takes 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 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 1980f1;
in Northern Ireland in proceedings under article 62 (debt proceedings) of the Magistrates Courts (Northern Ireland) Order 1981f2.
In this regulation, “notice” means a notice served under Schedule 14.
Annotations
Commencement
- I1
Reg. 79 in force at 3.8.2017, see reg. 1
Footnotes
- f1
-
1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.
- f2