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The Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011

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Enforcement notices

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9.—(1) If the enforcing authority is of the opinion that a person has contravened, is contravening or is likely to contravene these Regulations, the enforcing authority may serve on that person a notice (referred to in these Regulations as an “enforcement notice”).

(2) 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.

(3) The period referred to in paragraph (2)(d) must not end earlier than the period within which an appeal may be brought under regulation 10.

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

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

(6) 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 then the owner, any expenses reasonably incurred by it in doing so and those expenses shall be a civil debt recoverable summarily.

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