Schedules

Schedule 7Further provision about civil sanctions under Part 4

Costs recovery

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1

Provision under section 95 may include provision for an enforcement authority, by notice, to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by the enforcement authority in relation to the imposition of the penalty up to the time of its imposition.

2

In sub-paragraph (1) the references to costs include in particular—

a

investigation costs;

b

administration costs;

c

costs of obtaining expert advice (including legal advice).

2

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 enforcement authority 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 enforcement authority to impose the requirement to pay costs;

ii

the decision of the enforcement authority as to the amount of those costs.

4

Provision under this paragraph may include the provision referred to in sub-paragraphs (1)(b) and (c) and (2) of paragraph 5.

5

Provision under this paragraph must secure that an enforcement authority is required to publish guidance about how it will exercise the power conferred by the provision.