36Compliance notices

36 Compliance notices

36 Compliance notices

(1) This section applies when the regulator reasonably suspects a person has supplied, is supplying or is likely to supply from premises or otherwise than from premises—

(a) a prohibited plastic item, or

(b) an item that does not comply with a design standard—

(i) specified for the item in Schedule 1, Part 2, or

(ii) prescribed by the regulations in relation to the item.

(2) The regulator may, by written notice, direct either or both of the following to take an action specified in the notice within the period, if any, specified in the notice—

(a) the occupier of the premises,

(b) the supplier, whether or not at the premises.

(3) Without limiting subsection (2), the action specified in the notice may include the following—

(a) to stop or suspend the supply of the item (a stop notice),

(b) to stop another specified action or activity, including providing information that is, or is likely to be, false or misleading in relation to the item,

(c) to dispose of the item,

(d) to engage an independent and appropriately qualified person to carry out specified tests on the item,

(e) to provide a statement of compliance to a person who receives or will receive supply of the item,

(f) other actions prescribed by the regulations, including actions that must not be taken.

(4) An occupier who did not supply an item referred to in a notice given to the occupier may, if the occupier complies with the notice, recover, as a debt in a court of competent jurisdiction, the cost of complying with the notice from the person who supplied the item.

(5) Subsection (4) only applies if the occupier has taken all reasonable steps to prevent the supply of the item.

(6) In this section—

occupier of premises means the person who has the management or control of the premises.