PART 5

Enforcement

Enforcement notices
21
1
An authorised person who is of the opinion that a person has contravened or is contravening a provision of the EU Regulation or these Regulations may serve an enforcement notice on that person—
a
requiring the person to take specified steps to remedy the contravention of the EU Regulation or these Regulations;
b
requiring the person to reduce the rate of operation to such extent as is specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations; or
c
prohibiting the person from carrying on an activity, process or operation, or using facilities or equipment, specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations.
2
An enforcement notice must—
a
state that the authorised person is of that opinion;
b
state the date and time of service of the notice;
c
identify the recipient of the notice;
d
specify the matters constituting the contravention;
e
specify the steps that must be taken to remedy the contravention;
f
specify the period within which those steps must be taken; and
g
give details of the right of appeal against the notice.
3
A person on whom an enforcement notice is served must comply with it at the person’s own expense.
4
An authorised person must serve a completion notice if, after service of an enforcement notice, the authorised person is satisfied that the person has taken the steps specified in the notice to remedy the contravention.
5
An enforcement notice ceases to have effect on the issue of a completion notice.
6
An authorised person may at any time withdraw or vary an enforcement notice in writing.