Changes over time for: Cross Heading: Costs recovery
Status:
Point in time view as at 06/04/2024. This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Environment (Wales) Act 2016, Cross Heading: Costs recovery is up to date with all changes known to be in force on or before 23 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
Costs recoveryE+W
9(1)If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition.E+W
(2)In sub-paragraph (1), the reference to costs includes (among other things)—
(a)investigation costs;
(b)administration costs;
(c)costs of obtaining expert advice (including legal advice).
(3)Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—
(a)the notice specifies the amount required to be paid;
(b)the administrator may be required to provide a detailed breakdown of that amount;
(c)the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;
(d)the person required to pay costs may appeal against—
(i)the decision of the administrator to impose the requirement to pay costs;
(ii)the decision of the administrator as to the amount of those costs.
(4)Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2).
Yn ôl i’r brig