The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

[F1 PART 6 E+W

Textual Amendments

F1 Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.

Cost recovery E+W

Recovery of enforcement costs E+W

32.— (1) The appropriate authority may serve a cost recovery notice if any of the conditions in sub-paragraph (3) are met.

(2) A cost recovery notice is a notice requiring the person to pay the appropriate authority’s costs.

(3) The conditions are that the appropriate authority has—

(a) imposed on the person a compliance notice under paragraph 1;

(b) imposed on the person a restoration notice under paragraph 2;

(c) imposed on the person a variable monetary penalty under paragraph 4; or

(d) served on the person a stop notice under paragraph 17.

(4) In sub-paragraph (2), the reference to costs is a reference to any costs relating to preparing and serving the compliance notice, restoration notice, variable monetary penalty, or stop notice, as the case may be, and includes a reference to the costs of any related investigation or expert advice (including legal advice).

(5) The cost recovery notice must include information as to—

(a) the amount of the costs which must be paid;

(b) the period in which payment must be paid, which must not be less than 28 days beginning with the day on which the notice is served;

(c) how payment must be made;

(d) the consequences of failing to make payment within the specified payment period; and

(e) rights of appeal.

(6) Following expiry of the specified payment period, the appropriate authority may recover the costs referred to in the cost recovery notice as if payable under an order of the court.

(7) The person on whom the cost recovery notice is served may appeal against it.

(8) The grounds of appeal are—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason;

(d) that the amount of the penalty was unreasonable;

(e) that the decision was wrong for any other reason.]