Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997

Chapter II Rule Determining the Procedure to be followed before taking Enforcement Action

Procedure to be followed before taking enforcement action

37.—(1) Subject to paragraph (2), before an enforcement officer takes any enforcement action against any person, the officer—

(a) must give to that person a written notice stating—

(i) that he is considering taking the action and the reasons why he is considering it, and

(ii) that the person may, within a period specified in the notice, make written representations to that officer or, if he so requests, make oral representations to the officer in the presence of a senior officer of the Authority who shall be appointed by the Authority;

(b) must consider any representations which are duly made and not withdrawn; and

(c) where, having considered any such representations, he decides to take the enforcement action, must give to the person a further written notice stating the reasons for his decision.

(2) Nothing in paragraph (1) prevents an enforcement officer from taking immediate enforcement action against any person, or requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to do so; but where the officer does so he must as soon as practicable give to that person a written notice explaining why it appeared to be necessary to take such action or impose such a requirement.

(3) Nothing in paragraph (1) or (2) requires any enforcement officer to disclose any information the disclosure of which would be contrary to the public interest.

(4) Where—

(a) an enforcement officer has taken enforcement action against any person; and

(b) any enactment (whenever passed or made) confers a right of appeal against such action,

the officer must as soon as practicable give to that person a written notice explaining how, where, within what period and on what grounds, an appeal may be brought, and whether the enforcement action would be stayed while the appeal were pending.

(5) Where an enforcement officer takes or considers taking enforcement action in relation to any restriction, requirement or condition, he must take reasonable steps to identify any person who—

(a) will or may be required to meet or make a significant contribution towards the cost of observing the restriction or complying with the requirement or condition; or

(b) has supplied, or is to supply, any goods or services to which the enforcement action specifically relates,

and he must give to any person so identified a copy of any notice given under paragraph (4); and paragraphs (1) and (2) apply in relation to any person so identified as if that person was the person against whom the enforcement action is taken or considered.

(6) Expressions used in this rule and in Article 9 of the Deregulation and Contracting Out (Northern Ireland) Order 1996(1) have the same meaning in this rule as they have in that Article.

(1)

S.I. 1996/1632 (N.I. 11)