71.—(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—
(a)the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or
(b)the economic operator on whom such a notice has been served has failed to comply with it.
(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from that person as a civil debt any costs or expenses reasonably incurred by the enforcing authority in taking the action.
(3) A civil debt recoverable under paragraph (2) may be recovered summarily—
(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980 F1;
(b)in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981 F2.
Textual Amendments
F11980 c.43; section 58 was amended by the Crime and Courts Act 2013 (c.22), Schedule 10 paragraph 40.