PART 4Enforcement powers and related provisions
Enforcement costs recovery noticeE114
1
An enforcement authority may, by way of serving a written notice on a person on whom a non-compliance penalty notice has been served, require the person to pay to the authority a sum equal to or less than the costs incurred by the authority in relation to the issuing of a non-compliance notice up to the time of its issue.
2
An enforcement authority must provide a detailed breakdown of the costs specified in the notice if requested to do so by the person on whom such a notice is served.
3
A request for a detailed breakdown of the costs specified in the notice must be made within 14 days of the date of the notice.
4
A notice served under paragraph (1) must contain the following—
a
the name and address of the enforcement authority to which the sum must be paid;
b
the name and address of the person on whom the notice is served;
c
the period within which the sum must be paid, which must not expire before—
i
the period within which an appeal may be brought under regulation 15 F1or 16 as the case may be;
ii
the enforcement authority has provided a breakdown of the costs, unless—
aa
the person in question has indicated to the enforcement authority that they do not require the detailed breakdown in question;
bb
the period referred to in paragraph (3) has expired;
d
information as to—
i
the rights of appeal;
ii
the scope for suspension of a notice pending appeal;
iii
the consequences of an appeal;
iv
the consequences of failure to comply with the notice.
5
Subject to regulations 15 F2and 16, the person on whom a notice is served must comply with the notice.
6
A notice served under this regulation is referred to in these Regulations as an enforcement costs recovery notice.
7
In this regulation, “costs” means reasonably and necessarily incurred—
a
investigation costs;
b
administration costs;
c
costs of obtaining expert advice (including legal advice).
Enforcement costs recovery noticeE214
1
An enforcement authority may, by way of serving a written notice on a person on whom a non-compliance penalty notice has been served, require the person to pay to the authority a sum equal to or less than the costs incurred by the authority in relation to the issuing of a non-compliance notice up to the time of its issue.
2
An enforcement authority must provide a detailed breakdown of the costs specified in the notice if requested to do so by the person on whom such a notice is served.
3
A request for a detailed breakdown of the costs specified in the notice must be made within 14 days of the date of the notice.
4
A notice served under paragraph (1) must contain the following—
a
the name and address of the enforcement authority to which the sum must be paid;
b
the name and address of the person on whom the notice is served;
c
the period within which the sum must be paid, which must not expire before—
i
the period within which an appeal may be brought under regulation F3... 17;
ii
the enforcement authority has provided a breakdown of the costs, unless—
aa
the person in question has indicated to the enforcement authority that they do not require the detailed breakdown in question;
bb
the period referred to in paragraph (3) has expired;
d
information as to—
i
the rights of appeal;
ii
the scope for suspension of a notice pending appeal;
iii
the consequences of an appeal;
iv
the consequences of failure to comply with the notice.
5
Subject to F4regulation 17, the person on whom a notice is served must comply with the notice.
6
A notice served under this regulation is referred to in these Regulations as an enforcement costs recovery notice.
7
In this regulation, “costs” means reasonably and necessarily incurred—
a
investigation costs;
b
administration costs;
c
costs of obtaining expert advice (including legal advice).