Action by enforcing authority
22.—(1) The Department may itself take action which an economic operator could have been required to take by a notice served under or by virtue of Parts 1 or 2 of this Schedule where the conditions for serving such a notice are met and either—
(a)the Department has been unable to identify any economic operator on whom to serve such a notice; or
(b)the economic operator on whom such a notice has been served has failed to comply with it.
(2) If the Department has taken action as a result of the condition in sub-paragraph (1)(b) being met, the Department may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the Department in taking the action.
(3) A civil debt recoverable under sub-paragraph (2) may be recovered summarily by way of a complaint pursuant to Article 62 of the Magistrates’ Court (Northern Ireland) Order 1981(1).