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SCHEDULE 6REMEDIATION NOTICES

Failure to comply with remediation notice

3.—(1) This paragraph applies where, in relation to a remediation notice, a person fails to complete a step specified under paragraph 1(3)(c) by a date specified in relation to that step under paragraph 1(4) (or by such later date as the enforcing authority may have substituted under regulation 33(1)(b)).

(2) Where this paragraph applies, the enforcing authority may—

(a)enter any premises and carry out the work necessary to complete the step; and

(b)recover from the person any expenses which the enforcing authority reasonably incurs in carrying out, or securing the carrying out, of that work.

(3) The expenses which may be recovered under sub-paragraph (2)(b) include such proportion of the enforcing authority’s administrative expenses (including expenses incurred in establishing any of the matters referred to in paragraph 1(1)(a) to (c) and in connection with the remediation notice) as the enforcing authority considers appropriate.