The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
123 Enforcement cost recovery notices
(1) An enforcement agency other than SEPA may serve a notice (“an enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice or compliance notice has been served requiring that person to pay the costs incurred by the enforcement agency in relation to the imposition of that notice up to the time of its imposition. (2) SEPA may serve an enforcement cost recovery notice on a person on whom a compliance notice has been served requiring that person to pay the costs incurred by SEPA in relation to the imposition of that notice up to the time of its imposition. (3) The costs referred to in paragraphs (1) and (2) include in particular— (a) investigation costs; (b) administration costs; (c) costs of obtaining expert advice (including legal advice). (4) The enforcement cost recovery notice must specify— (a) how payment must be made; (b) the amount required to be paid and the period in which payment must be made, which must not be less than 28 days beginning with the day on which the enforcement cost recovery notice is served; (c) the grounds for imposing the notice; (d) the right of appeal; and (e) the consequences of failure to comply with the notice in the specified period. (5) The person on whom the notice is served may require the enforcement agency to provide a detailed breakdown of the amount. (6) The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred. (7) The person required to pay costs may appeal— (a) against the decision of the enforcement agency to impose the requirement to pay costs; or (b) against the decision of the enforcement agency as to the amount of those costs. (8) An enforcement agency other than a Scottish enforcement agency may recover any costs required to be paid under an enforcement cost recovery notice— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (9) A Scottish enforcement agency may recover as a civil debt any costs required to be paid under an enforcement cost recovery notice, and the amount is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.
123 Enforcement cost recovery notices
(1) An enforcement agency other than SEPA may serve a notice (“an enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice or compliance notice has been served requiring that person to pay the costs incurred by the enforcement agency in relation to the imposition of that notice up to the time of its imposition. (2) SEPA may serve an enforcement cost recovery notice on a person on whom a compliance notice has been served requiring that person to pay the costs incurred by SEPA in relation to the imposition of that notice up to the time of its imposition. (3) The costs referred to in paragraphs (1) and (2) include in particular— (a) investigation costs; (b) administration costs; (c) costs of obtaining expert advice (including legal advice). (4) The enforcement cost recovery notice must specify— (a) how payment must be made; (b) the amount required to be paid and the period in which payment must be made, which must not be less than 28 days beginning with the day on which the enforcement cost recovery notice is served; (c) the grounds for imposing the notice; (d) the right of appeal; and (e) the consequences of failure to comply with the notice in the specified period. (5) The person on whom the notice is served may require the enforcement agency to provide a detailed breakdown of the amount. (6) The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred. (7) The person required to pay costs may appeal— (a) against the decision of the enforcement agency to impose the requirement to pay costs; or (b) against the decision of the enforcement agency as to the amount of those costs. (8) An enforcement agency other than a Scottish enforcement agency may recover any costs required to be paid under an enforcement cost recovery notice— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (9) A Scottish enforcement agency may recover as a civil debt any costs required to be paid under an enforcement cost recovery notice, and the amount is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.
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