Enforcement noticesE+W+S
11.—(1) An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.
(2) An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person—
(a)has contravened regulation 5; F1...
(b)has contravened, is contravening or is likely to contravene any provision of the [F2retained EU Regulations] [F3; or]
[F4(c)has contravened the 1416/2006 prohibition.]
(3) An enforcement notice must—
(a)state that the officer 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;
(d)specify the period within which those steps must be taken; and
(e)give details of the right of appeal against the notice.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 11(2)(a) omitted (30.12.2020) by virtue of The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(9)(a)
F2Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)
Enforcement noticesN.I.
11.—(1) An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.
(2) An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person—
(a)has contravened regulation 5; F5...
(b)has contravened, is contravening or is likely to contravene any provision of the European Regulations [F6; or]
[F7(c)has contravened the 1416/2006 prohibition.]
(3) An enforcement notice must—
(a)state that the officer 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;
(d)specify the period within which those steps must be taken; and
(e)give details of the right of appeal against the notice.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F5Word in reg. 11(2)(a) omitted (30.12.2020) by virtue of The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(9)(a)