SCHEDULE 3Compliance, enforcement and recall notices
Action by the market surveillance authority5
1
The market surveillance authority may itself take action which an economic operator could have been required to take by a compliance, an enforcement or recall notice where the conditions for serving such a notice are met and either—
a
the authority has been unable to identify any economic operator on whom to serve such a notice; or
b
the person on whom such a notice has been served has failed to comply with it.
2
If the market surveillance authority has taken action under paragraph (1) following the failure of an economic operator to comply with a compliance, enforcement or recall notice, the authority may recover from that person as a civil debt any costs or expenses reasonably incurred by the authority in taking the action.
3
A civil debt recoverable under the preceding paragraph may be recovered summarily—
a
in England and Wales by way of complaint pursuant to section 58 of the Magistrates’ Courts Act 198017;
b
in Northern Ireland in proceedings under article 62 of the Magistrates’ Court (Northern Ireland) Order 198118.