[F1SCHEDULE 26AE+WVariable monetary penalties (England)

Textual Amendments

PART 1E+WVariable monetary penalties: procedure

Variable monetary penalties: enforcement cost recovery notice E+W

8.—(1) The Agency may require a person served with a final notice in accordance with paragraph 5(3) to pay the costs incurred by the Agency in relation to the variable monetary penalty.

(2) The costs which may be recovered are those incurred by the Agency up to the time that a final notice was served on the person and may include in particular—

(a)investigation costs;

(b)administration costs; and

(c)costs of obtaining expert advice (including legal advice).

(3) The Agency may recover the costs referred to in paragraph (2) by serving a notice requiring payment (“an enforcement cost recovery notice”) on the person.

(4) An enforcement cost recovery notice must—

(a)specify the amount to be paid and the method by which it may be paid;

(b)specify the period within which payment must be made, which must not be less than 28 days;

(c)include statements—

(i)that the Agency may on request be required to provide a detailed breakdown of the costs specified; and

(ii)that the person is not liable to pay any costs that they can show to have been unnecessarily incurred;

(d)specify the grounds on which the person served with the notice may appeal; and

(e)specify the consequences of failure to pay the amount required within the specified period.

(5) The person on whom the notice is served may require the Agency to provide a detailed breakdown of the amount of the costs.

(6) The person is not liable to pay any costs which they can show to have been unnecessarily incurred.

(7) The Agency may at any time, in writing, withdraw an enforcement cost recovery notice or reduce the amount specified in the notice.]