PART 7ENFORCEMENT
Enforcement notices31
1
An enforcement notice is a notice in writing—
a
requiring a person to take specified steps to remedy a contravention of the EU Regulation or these Regulations;
b
requiring a person to reduce the rate of operation to such extent as is specified in the notice until that person has taken specified steps to remedy a contravention of the EU Regulation or these Regulations; or
c
prohibiting a person from carrying on an activity, process or operation, or using facilities or equipment, specified in the notice until the person has taken specified steps to remedy a contravention of the EU Regulation or these Regulations.
2
An inspector who is of the opinion that a person has contravened or is contravening the EU Regulation or these Regulations may serve on that person an enforcement notice.
3
An enforcement notice shall—
a
state that the inspector is of that opinion;
b
state the date and time of service of the notice;
c
identify the recipient of the notice;
d
specify the matters constituting the contravention;
e
specify the steps that shall be taken to remedy the contravention;
f
specify the period within which those steps shall be taken; and
g
give details of the right of appeal against the notice.
4
A person on whom an enforcement notice is served shall comply with it at that person's own expense.
5
If an enforcement notice is not complied with, the inspector may arrange for it to be complied with at the expense of the person on whom it was served.
6
An inspector shall serve a completion notice if, after service of the enforcement notice, the inspector is satisfied that the person has taken the steps specified in the notice to remedy the contravention.
7
In the event of an inspector not being satisfied as provided for in paragraph (6), the inspector may, by notice in writing, refuse to serve a completion notice and the notice must—
a
give reasons for the refusal; and
b
give details for the right of appeal against the decision.
8
An enforcement notice ceases to have effect on the issue of a completion notice.
9
An inspector may at any time withdraw or vary an enforcement notice in writing.