Regulation 38 Compliance notices

United Kingdom

(1)

A “compliance notice” is a notice requiring a person to take specified steps within a specified period to secure that a contravention does not continue or recur.

(2)

If the F1appropriate body considers that a person has contravened or is contravening regulation 12(1), F213(2), 14(1) or 25 it may serve a compliance notice on that person.

(3)

If a regulation authority considers that a person has contravened or is contravening section 1 of the 1989 Act it may serve a compliance notice on that person.

(4)

A compliance notice must—

(a)

state the authority's reason for serving it;

(b)

specify the matters constituting the contravention;

(c)

specify the steps which must be taken to secure that the contravention does not continue or recur;

(d)

specify the period within which those steps must be taken;

(e)

give information as to the rights of appeal (including the period within which an appeal must be brought).

Annotations

Textual amendments

F1: Words in regs. 37-40 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 409 (with Sch. 7)
F2: Word in reg. 38(2) substituted (1.10.2012) by The Waste (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/1889), regs. 1(2), 2(4)