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SCHEDULE 6U.K.Powers of enforcement

PART 1U.K.The Environment Agency, the Scottish Environment Protection Agency and the Department of the Environment

SECTION 4U.K.Notices

27.  An authorised person may, by a notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.U.K.

28.  If an authorised person is of the opinion that a person has contravened, is contravening or is likely to contravene a listed REACH provision, the authorised person may serve on that person an enforcement notice.U.K.

29.  An enforcement notice must—U.K.

(a)state that the authorised person is of the opinion referred to in the preceding paragraph;

(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c)specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

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

30.  An enforcement notice may be withdrawn at any time.U.K.

31.  If an authorised person is of the opinion that the activities of a person, in relation to a contravention or likely contravention of a listed REACH provision, are such that they involve an imminent danger of serious pollution of the environment, the authorised person may serve on that person a prohibition notice.U.K.

32.  A prohibition notice must—U.K.

(a)state that the authorised person is of the opinion referred to in the preceding paragraph;

(b)specify the danger involved in the activity; and

(c)specify the steps that must be taken to remove it and the period within which they must be taken.

33.  A prohibition notice may be withdrawn at any time.U.K.

34.  If a person fails to comply with an enforcement notice or prohibition notice, the enforcing authority may do what that person was required to do and may recover from that person any expenses reasonably incurred in doing so.U.K.

35.  References in this Part to an “enforcement notice” or a “prohibition notice” have effect only for the purposes of this Part.U.K.