The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

Enforcement and prohibition notices

44.—(1) If the enforcing authority is of the opinion that a person has contravened, is contravening or is likely to contravene—

(a)Article 3.1 to 3.3, 3.6, 4 or 8;

(b)Article 9 (other than the prohibition on importation); or

(c)the second paragraph of Article 7.1,

the enforcing authority may serve on that person a notice (referred to in these Regulations as an “enforcement notice”).

(2) 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.

(3) If the enforcing authority is of the opinion that the activities of a person, in relation to his contravention or likely contravention of—

(a)Article 3.1 to 3.3, 3.6, 4, 8; or

(b)Article 9 (other than the prohibition on importation),

are such that they involve an imminent danger of serious pollution of the environment, the enforcing authority may serve on that person a notice (referred to in these Regulations as a “prohibition notice”).

(4) A prohibition notice must—

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

(b)specify the danger involved in the activity;

(c)specify the steps required to be taken to remove the danger; and

(d)require those steps to be taken within 3 days of the receipt of the notice.

(5) The period referred to in paragraph (2)(d) must not end earlier than the period within which an appeal may be brought under regulation 45.

(6) The enforcing authority may withdraw at any time an enforcement notice or a prohibition notice.

(7) A person on whom an enforcement notice or a prohibition notice is served must comply with such notice at that person’s own expense.

(8) Where steps required by a notice have not been taken or not taken within the period allowed for compliance with the notice, the enforcing authority may—

(a)enter the land and take the steps specified in the notice; and

(b)recover from the person who is then the owner, any expenses reasonably incurred by it in doing so and those expenses shall be a civil debt recoverable summarily.