PART 5Market surveillance and enforcement
Action by enforcing authority71.
(1)
An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—
(a)
the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or
(b)
the economic operator on whom such a notice has been served has failed to comply with it.
(2)
If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from that person as a civil debt any costs or expenses reasonably incurred by the enforcing authority in taking the action.
(3)
A civil debt recoverable under paragraph (2) may be recovered summarily—
(a)
in England and Wales by way of a 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.