Part 3

Civil sanctions

Orders under Part 3: supplementary provision

Costs recovery
53
1
Provision under section 42 may include provision for a regulator, by notice, to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the regulator in relation to the imposition of the discretionary requirement up to the time of its imposition.
2
Provision under section 46 may include provision for a regulator, by notice, to require a person on whom a stop notice is served to pay the costs incurred by the regulator in relation to the service of the notice up to the time of service.
3
In subsections (1) and (2), the references to costs include in particular—
a
investigation costs;
b
administration costs;
c
costs of obtaining expert advice (including legal advice).
4
Provision under this section 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 regulator 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 regulator to impose the requirement to pay costs;
ii
the decision of the regulator as to the amount of those costs.
5
Provision under this section may include the provision referred to in section 52(1)(b) and (c) and (2).
6
Provision under this section must secure that regulator is required to publish guidance about how it will exercise the power conferred by the provision.
Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)