The Waste Batteries and Accumulators Regulations 2009

Enforcement notices U.K.

87.—(1) Where an enforcement authority has reasonable grounds for suspecting that any of the requirements of the following regulations have not been complied with—

(a) regulations 7, 9, 11 to 13, 15, 16 and 18;

(b) regulations 19, 21 to 25, 32 and 33;

(c) regulations 26 and 29;

(d) regulations 31 and 34;

(e) regulations 35, 36, 38 to 44 and 46;

(f) regulations 63, 66 and 67,

it may serve a notice on—

(i) in a case under sub-paragraph (a), the producer;

(ii) in a case under sub-paragraph (b), the scheme operator;

(iii) in a case under sub-paragraph (c), the scheme operator or small producer (as the case may be);

(iv) in a case under sub-paragraph (d), the distributor;

(v) in a case under sub-paragraph (e), the producer; and

(vi) in a case under sub-paragraph (f), the approved battery treatment operator or the approved battery exporter (as the case may be).

(2) A notice which is served under paragraph (1) must—

(a) be in writing;

(b) state that the enforcement authority suspects that a requirement of these Regulations referred to in paragraph (1) and specified in the notice (“the specified requirement”) has been contravened;

(c) specify the reason it is suspected that the specified requirement has been contravened;

(d) require the person on whom the enforcement notice is served (“the relevant person”)—

(i) to comply with the specified requirement; or

(ii) to provide evidence to the enforcement authority demonstrating that the specified requirement has been met;

(e) specify the period of time within which the relevant person must comply with the enforcement notice; and

(f) warn the relevant person that unless the specified requirement is complied with, or evidence has been provided within the period specified in the notice, the person may be prosecuted.

(3) Where an enforcement authority serves an enforcement notice on a person under this regulation, proceedings for an offence under regulation 89 may not be commenced unless the time limit specified for compliance in the enforcement notice has expired.