Paragraph 22 Enforcement cost recovery noticesI1

England and Wales

(1)

The regulator may serve a notice (“enforcement cost recovery notice”) on a person on whom a variable monetary penalty has been imposed requiring that person to pay the costs incurred by the regulator in relation to the imposition of the variable monetary penalty up to the time of its imposition.

(2)

Costs include in particular—

(a)

investigation costs;

(b)

administration costs;

(c)

costs of obtaining expert advice (including legal advice).

(3)

The enforcement cost recovery notice must specify—

(a)

the grounds for imposing the notice,

(b)

the amount required to be paid,

(c)

how payment may be made,

(d)

the period within which payment must be made, which must not be less than 28 days,

(e)

rights of appeal, and

(f)

the consequences of non-payment.

(4)

The person on whom the notice is served may require the regulator to provide a detailed breakdown of the amount.

(5)

The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred.

Annotations

Commencement

I1: Sch. 2 para. 22 in force at 6.4.2024, see reg. 1(2)