Search Legislation

Genetic Technology (Precision Breeding) Act 2023

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

Costs

38Costs

(1)Regulations may make provision for an appropriate authority, by notice (a “costs notice”) to require a person to pay the costs incurred by the authority in relation to an enforcement notice up to the time of its issue.

(2)In this section, “appropriate authority”, in relation to an enforcement notice, means—

(a)in relation to a Part 2 obligation, the Secretary of State;

(b)in relation to a Part 3 obligation, an enforcement authority.

(3)In subsection (1), “costs” includes, in particular—

(a)investigation costs;

(b)administration costs;

(c)costs of obtaining expert advice (including legal advice).

(4)Regulations which provide for the issue of a costs notice to a person must secure that—

(a)the notice specifies the amount required to be paid,

(b)the person to whom the notice is issued may require the person issuing it to provide a detailed breakdown of the amount,

(c)the person to whom the costs notice is issued is not liable to pay any costs which that person shows to have been unnecessarily incurred,

(d)the person to whom the notice is issued may—

(i)require the Secretary of State to review a relevant decision, and

(ii)if not satisfied with the outcome of any such review, appeal against that decision, and

(e)the grounds on which a review may be required or an appeal brought include—

(i)in the case of a decision as to the amount of the costs, that the amount includes any amount referable to any costs unnecessarily incurred,

(ii)that the decision was based on an error of fact,

(iii)that the decision was wrong in law, and

(iv)that the decision was unreasonable for any other reason.

(5)Regulations which provide for the issue of a costs notice to a person must also make provision—

(a)for an appeal under the regulations to be brought in the First-tier Tribunal, and

(b)for suspending the operation of a costs notice where an appeal is brought under the regulations pending the outcome of the appeal.

(6)In subsection (4), “relevant decision”, in relation to a costs notice, means—

(a)the decision to issue the notice, or

(b)the decision as to the amount of the costs.

(7)Regulations which provide for the issue of a costs notice may make provision—

(a)for the payment of interest on late payment;

(b)as to how any amounts payable by virtue of the regulations are to be recoverable.

(8)Regulations under this section are subject to the affirmative procedure.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources