The Controls on Ozone-Depleting Substances Regulations (Northern Ireland) 2011

Enforcement notices

8.—(1) An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.

(2) If an enforcing authority is of the opinion that a person—

(a) has contravened, is contravening or is likely to contravene these Regulations; or

(b) has contravened Article 18(4), 27(1) to (7) or 28(3) of the EU Regulation (notifying the European Commission of changes to data supplied in a licence application, annual reporting to the Commission and providing information requested by the Commission),

the enforcing authority may serve on that person an enforcement notice.

(3) An enforcement notice must—

(a) state that the enforcing authority is of that opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

(d) specify the period within which those steps must be taken.

(4) The period referred to in paragraph (3)(d) must not end earlier than the period within which an appeal may be brought under regulation 9.

(5) The enforcing authority may withdraw an enforcement notice at any time.

(6) A person on whom an enforcement notice is served must comply with such notice at that person’s own expense.

(7) Where steps required by an enforcement notice have not been taken or not taken within the period allowed for compliance with the enforcement notice, the enforcing authority may—

(a) enter the land and take the steps specified in the enforcement notice; and

(b) recover from the person who is the owner, any expenses reasonably incurred by it in doing so and those expenses shall be a civil debt recoverable summarily.