PART 5Enforcement cost recovery notices
Enforcement cost recovery notices
22.—(1) The regulator may serve a notice (“enforcement cost recovery notice”) on a person on whom a variable monetary penalty has been imposed requiring that person to pay the costs incurred by the regulator in relation to the imposition of the variable monetary penalty up to the time of its imposition.
(2) Costs include in particular—
(a)investigation costs;
(b)administration costs;
(c)costs of obtaining expert advice (including legal advice).
(3) The enforcement cost recovery notice must specify—
(a)the grounds for imposing the notice,
(b)the amount required to be paid,
(c)how payment may be made,
(d)the period within which payment must be made, which must not be less than 28 days,
(e)rights of appeal, and
(f)the consequences of non-payment.
(4) The person on whom the notice is served may require the regulator to provide a detailed breakdown of the amount.
(5) The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred.
Appeals against enforcement cost recovery notices
23.—(1) The person required to pay costs under paragraph 22(1) may appeal—
(a)against the decision of the regulator to impose the requirement to pay costs,
(b)against the decision of the regulator as to the amount of those costs, or
(c)for any other similar reason.
(2) The grounds for appeal are—
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the amount of the costs is unreasonable;
(d)that the decision was unreasonable for any other reason;
(e)any other similar reason.