The Fluorinated Greenhouse Gases Regulations 2008

Enforcement and prohibition notices

24.—(1) If an authorised person is of the opinion that a person has contravened, is contravening or is likely to contravene—

(a) Article 3.1 to 3.3, 3.6, 4, 8 or 9; or

(b) the second paragraph of Article 7.1,

the authorised person may serve on that person a notice (“enforcement notice”).

(2) An enforcement notice must—

(a) state that the authorised person is of that opinion;

(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.

(3) If an authorised person is of the opinion that the activities of a person in relation to his contravention or likely contravention of Article 3.1 to 3.3, 3.6, 4, 8 or 9 are such that they involve an imminent danger of serious pollution of the environment, the authorised person may serve on that person a notice (“prohibition notice”).

(4) A prohibition notice must—

(a) state that the authorised person is of that opinion;

(b) specify the danger involved in the activity;

(c) specify the steps that must be taken to remove the danger; and

(d) state—

(i) the period within which those steps must be taken, or

(ii) that the steps must be taken immediately.

(5) Subject to regulation 25(6), the bringing of an appeal under regulation 25 does not suspend the operation of the enforcement notice or the prohibition notice in question.

(6) An authorised person may withdraw at any time an enforcement notice or a prohibition notice.

(7) A person on whom is served an enforcement notice or a prohibition notice must comply with such notice at his expense.

(8) If such a notice is not complied with, the relevant enforcing authority may arrange for it to be complied with at the expense of the person on whom it was served.

(9) In this regulation, “relevant enforcing authority” means the enforcing authority who or which authorised the authorised person who served the enforcement notice or prohibition notice in question.