SCHEDULE 1CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS
Costs recovery
9
1
If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.
2
In sub-paragraph (1), the reference to costs includes (among other things)—
a
investigation costs;
b
administration costs;
c
costs of obtaining expert advice (including legal advice).
3
Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—
a
the notice specifies the amount required to be paid;
b
the administrator may be required to provide a detailed breakdown of that amount;
c
the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;
d
the person required to pay costs may appeal against—
i
the decision of the administrator to impose the requirement to pay costs;
ii
the decision of the administrator as to the amount of those costs.
4
Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).