Regulation 25 Content of enforcement noticesI1

England and Wales

An enforcement notice under section 25A^f1 (enforcement notices) must—

(a)

state the name and address of the person on whom the notice is served;

(b)

describe the breach or failure to comply to which the notice relates;

(c)

describe the significant damage to the environment which is being, or is likely to be, caused by that breach or failure;

(d)

identify the source of supply or inland waters that are subject, or likely to be subject, to that damage;

(e)

specify the works or operations (if any) required to be carried out and give the Agency’s reasons for requiring those works or operations to be carried out;

(f)

inform the person on whom the notice is served of—

(i)

his right to appeal under section 161C^f2 (appeals against works notices), as applied by section 25B^f3 (rights of entry and appeals), including the time for appealing; and

(ii)

the requirements imposed by regulation 3 of the Anti-Pollution Works Regulations 1999^f4, as applied by regulation 28, in relation to the exercise of that right; and

(g)

set out the provisions of section 25C^f5 (consequences of not complying with an enforcement notice).

Annotations

Commencement

I1: Reg. 25 in force at 1.4.2006, see reg. 1(2)

Footnotes

f1: Section 25A was inserted by the WA, section 30.
f2: Section 161C was inserted by the EA, section 120 and Schedule 22, paragraph 162.
f3: Section 25B was inserted by the WA, section 30.
f4: S.I. 1999/1006.
f5: Section 25C was inserted by the WA, section 30.