The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
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Change 1
As published
91 Enforcement cost recovery notices
(1) An enforcement authority may serve a notice (an “enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice in accordance with Part 4 of Schedule 6, or a compliance notice in accordance with Part 5 of Schedule 6, has been served requiring that person to pay the costs incurred by the enforcement authority in relation to the imposition of that notice up to the time of its imposition.
(2) The costs mentioned in paragraph (1) include in particular—
(a) investigation costs;
(b) administration costs;
(c) the costs of obtaining expert advice (including legal advice).
(3) An enforcement cost recovery notice must specify—
(a) the amount required to be paid,
(b) how payment must be made,
(c) the period within which payment must be made, which must be not less than 28 days beginning with the date on which the notice is served,
(d) the grounds for serving the notice,
(e) the right of appeal, and
(f) the consequences of failure to comply with the notice in the specified period.
(4) A person on whom an enforcement costs recovery notice is served may require the enforcement authority to provide a detailed breakdown of the amount.
(5) A person required to pay costs is not liable to pay the proportion of those costs which are shown by the person to have been unnecessarily incurred.
(6) A person required to pay costs may appeal against—
(a) the decision of the enforcement authority to impose the requirement to pay costs;
(b) the decision of the enforcement authority as to the amount of those costs.
Your change, as a redline
91 Enforcement cost recovery notices
(1) An enforcement authority may serve a notice (an “enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice in accordance with Part 4 of Schedule 6, or a compliance notice in accordance with Part 5 of Schedule 6, has been served requiring that person to pay the costs incurred by the enforcement authority in relation to the imposition of that notice up to the time of its imposition.
(2) The costs mentioned in paragraph (1) include in particular—
(a) investigation costs;
(b) administration costs;
(c) the costs of obtaining expert advice (including legal advice).
(3) An enforcement cost recovery notice must specify—
(a) the amount required to be paid,
(b) how payment must be made,
(c) the period within which payment must be made, which must be not less than 28 days beginning with the date on which the notice is served,
(d) the grounds for serving the notice,
(e) the right of appeal, and
(f) the consequences of failure to comply with the notice in the specified period.
(4) A person on whom an enforcement costs recovery notice is served may require the enforcement authority to provide a detailed breakdown of the amount.
(5) A person required to pay costs is not liable to pay the proportion of those costs which are shown by the person to have been unnecessarily incurred.
(6) A person required to pay costs may appeal against—
(a) the decision of the enforcement authority to impose the requirement to pay costs;
(b) the decision of the enforcement authority as to the amount of those costs.
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