12.—(1) An administrator may serve a notice (an “enforcement costs recovery notice”) on a seller on whom a discretionary requirement is imposed requiring the seller to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition (“enforcement costs”).
(2) In paragraph (1), the reference to “costs” includes—
(a)investigation costs;
(b)administration costs;
(c)costs of obtaining expert advice (including legal advice).
(3) An enforcement costs recovery notice must specify the amount required to be paid and must include information as to—
(a)methods of payment;
(b)the date by which payment must be made;
(c)the right of appeal;
(d)the consequences of failure to make payment by the due date.
(4) The date referred to in paragraph (3)(b) must be at least 28 days later than the date on which the enforcement costs recovery notice is served on the seller.
(5) Enforcement costs must be paid by the seller by the date specified in the enforcement costs recovery notice.
(6) To the extent that a decision of an administrator is upheld on appeal, the seller must pay the enforcement costs within the period of 28 days beginning with the day on which the appeal is determined.
(7) An administrator must provide a detailed breakdown of the costs specified in an enforcement costs recovery notice if requested to do so by the seller on whom the notice is served.
(8) A seller is not liable to pay any costs shown by the seller to have been unnecessarily incurred.