The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

Enforcement costs recovery notice E+W+S

14.—(1) An enforcement authority may, by way of serving a written notice on a person on whom a non-compliance penalty notice has been served, require the person to pay to the authority a sum equal to or less than the costs incurred by the authority in relation to the issuing of a non-compliance notice up to the time of its issue.

(2) An enforcement authority must provide a detailed breakdown of the costs specified in the notice if requested to do so by the person on whom such a notice is served.

(3) A request for a detailed breakdown of the costs specified in the notice must be made within 14 days of the date of the notice.

(4) A notice served under paragraph (1) must contain the following—

(a) the name and address of the enforcement authority to which the sum must be paid;

(b) the name and address of the person on whom the notice is served;

(c) the period within which the sum must be paid, which must not expire before—

(i) the period within which an appeal may be brought under regulation 15 [F1 or 16 as the case may be];

(ii) the enforcement authority has provided a breakdown of the costs, unless—

(aa) the person in question has indicated to the enforcement authority that they do not require the detailed breakdown in question;

(bb) the period referred to in paragraph (3) has expired;

(d) information as to—

(i) the rights of appeal;

(ii) the scope for suspension of a notice pending appeal;

(iii) the consequences of an appeal;

(iv) the consequences of failure to comply with the notice.

(5) Subject to regulations 15 [F2 and 16], the person on whom a notice is served must comply with the notice.

(6) A notice served under this regulation is referred to in these Regulations as an enforcement costs recovery notice.

(7) In this regulation, “costs” means reasonably and necessarily incurred—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 14(4)(c)(i) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(9)(a)

F2 Words in reg. 14(5) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(9)(b)

Enforcement costs recovery notice N.I.

14.—(1) An enforcement authority may, by way of serving a written notice on a person on whom a non-compliance penalty notice has been served, require the person to pay to the authority a sum equal to or less than the costs incurred by the authority in relation to the issuing of a non-compliance notice up to the time of its issue.

(2) An enforcement authority must provide a detailed breakdown of the costs specified in the notice if requested to do so by the person on whom such a notice is served.

(3) A request for a detailed breakdown of the costs specified in the notice must be made within 14 days of the date of the notice.

(4) A notice served under paragraph (1) must contain the following—

(a) the name and address of the enforcement authority to which the sum must be paid;

(b) the name and address of the person on whom the notice is served;

(c) the period within which the sum must be paid, which must not expire before—

(i) the period within which an appeal may be brought under regulation F3 ... 17;

(ii) the enforcement authority has provided a breakdown of the costs, unless—

(aa) the person in question has indicated to the enforcement authority that they do not require the detailed breakdown in question;

(bb) the period referred to in paragraph (3) has expired;

(d) information as to—

(i) the rights of appeal;

(ii) the scope for suspension of a notice pending appeal;

(iii) the consequences of an appeal;

(iv) the consequences of failure to comply with the notice.

(5) Subject to [F4 regulation] 17, the person on whom a notice is served must comply with the notice.

(6) A notice served under this regulation is referred to in these Regulations as an enforcement costs recovery notice.

(7) In this regulation, “costs” means reasonably and necessarily incurred—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F3 Words in reg. 14(4)(c)(i) omitted (N.I.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(8)(a)

F4 Word in reg. 14(5) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(8)(b)