PART 3

Enforcement and Appeals

Civil sanctions

Monetary penalties: cost recovery
45
1
The Secretary of State may give a notice to a person requiring the person to pay to the Secretary of State the costs incurred by the Secretary of State in relation to the imposition of a monetary penalty on that person under section 40.
2
A notice under subsection (1) is referred to in this Act as a cost recovery notice.
3
The reference to “costs” in subsection (1) includes, in particular—
a
investigation costs,
b
administration costs,
c
costs of obtaining expert advice (including legal advice).
4
A cost recovery notice must specify the amount to be paid and include information as to—
a
the grounds for giving the notice,
b
how payment may be made,
c
the period within which payment is to be made (which must be at least 28 days),
d
rights of appeal,
e
the consequences of non-payment.
5
A person required to pay an amount to the Secretary of State under this section may require the Secretary of State to give a detailed breakdown of that amount.
6
Costs imposed under this section are to be paid out of—
a
the partnership assets where imposed on a partnership, and
b
the funds of the association where imposed on an unincorporated association other than a partnership.