Regulation 71 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 that person 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 F1;

(b)

in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 F2.

Annotations

Textual amendments

F1: 1980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.
F2: S.I. 1981/1675 (N.I. 26).

Notes on the whole SI

Textual amendments

F1: S.I. 1989/1327.
F2: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
F3: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.