Enforcement measuresI16

1

If the Department of Infrastructure is satisfied that a relevant person, has without reasonable excuse contravened Regulation 1371/2007, the Department may issue a notice.

2

A notice issued under paragraph (1) shall –

a

identify in reasonable detail the alleged contravention to which the notice relates; and

b

invite the person to whom the notice has been issued to demonstrate to the reasonable satisfaction of the Department–

i

that the alleged contravention has not occurred; or

ii

the measures which that person has implemented or proposes to implement in order to remedy or avoid any recurrence of the contravention.

3

Where the Department is not satisfied that the matters specified in paragraph 2(b) have been demonstrated it may issue a further notice requiring the person to take such measures as are specified in the notice, within such period as may be specified.

4

It shall be the duty of a person to whom a notice has been issued under paragraph (2) or (3) to comply with that notice.