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SCHEDULE 9Powers of enforcing authorities

PART 5Notices

1.  The enforcing authority may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

2.  If the enforcing authority is of the opinion that a person has contravened, is contravening or is likely to contravene the provisions referred to in regulation 18(1), the enforcing authority may serve on him a notice (an “enforcement notice”).

3.  An enforcement notice must—

(a)state that the enforcing authority is of that opinion;

(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c)specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

(d)specify the period within which those steps must be taken.

4.  An enforcement notice may require that a listed product, or elements of it, is withdrawn from the market or from service.

5.  The enforcing authority may withdraw an enforcement notice at any time.

6.  If a person fails to comply with an enforcement notice, the enforcing authority may do what that person was required to do and may recover from him any expenses reasonably incurred in doing so.