The Offshore Chemicals Regulations 2002

[F1Enforcement noticesU.K.

16A.—(1) If the Secretary of State is of the opinion that any person has contravened or is contravening any condition of a permit or is likely to contravene any such condition, the Secretary of State or an inspector appointed by her under regulation 16 may serve on the [F2permit holder] a notice F3... which—

(a)states that the Secretary of State is of the opinion mentioned in paragraph (1);

(b)specifies the matters which constitute, constituted or, as the case may be, are likely to constitute the contravention;

(c)specifies the steps that must be taken to remedy or, as the case maybe, prevent the contravention; and

(d)specifies the period within which those steps must be taken.

[F4(1A) If the Secretary of State is of the opinion that a release, use without a permit or discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 16 may serve on the permit holder or, if there is no permit holder, the operator, a notice which—

(a)states that the Secretary of State is of that opinion;

(b)specifies the matters which constituted, constitute, or are likely to constitute the release, use or discharge;

(c)specifies the remedial steps that must be taken; and

(d)specifies the period within which those steps must be taken.

(1B) The Secretary of State may serve a notice on the permit holder to vary the period within which remedial steps must be taken under an enforcement notice.]

[F5(2) The steps that may be specified under paragraphs (1)(c) and (1A)(c) include steps that must be taken to remedy any pollution caused by a contravention, release, use or discharge.]

(3) Where a person to whom an enforcement notice is addressed has failed to take the action required by it within such time as may be specified by it and such a notice has not been revoked, the Secretary of State may undertake any action so required and the reasonable costs and expenses of the Secretary of State’s so doing shall be recoverable as a debt from that person.

(4) A person to whom an enforcement notice is addressed shall afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by paragraph (3).

(5) The Secretary of State or an inspector appointed by her under regulation 16 may revoke an enforcement notice F6....

(6) The exercise by the Secretary of State of any power conferred by paragraph (1) [F7, (1A)] or (3) shall be without prejudice to the exercise by her of any other power under any other provision of these Regulations.]

Textual Amendments