Paragraph 1 Compliance notice
An enforcing authority may serve a compliance notice on a relevant economic operator in respect of a vessel if the authority has reasonable grounds for believing that there is non-compliance.
A compliance notice must—
require the relevant economic operator on which it is served to—
end the non-compliance within such period as may be specified in the notice; or
provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred; and
warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken in respect of the vessel or any vessel of the same type made available on the market by the relevant economic operator.
A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.
Subject to paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.
An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
Notes on the whole SI
Textual amendments
- F1
- 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.