56Notice before claim on or realisation of financial

56 Notice before claim on or realisation of financial assurance (1) Before acting under section 55 (2), the waste manager must give to the licensee in relation to which the financial assurance was provided, a written notice— (a) stating the harm caused, or likely to be caused, by the failure to comply with the licence; and (b) giving details of the action taken, or to be taken, to remedy the harm; and (c) stating the amount of the financial assurance to be claimed or realised; and (d) inviting the licensee to make a written representation to the waste manager by a stated date, not earlier than 20 working days after the date of the notice, to show why the financial assurance should not be claimed or realised as proposed.

(2) The waste manager must, within 20 working days after the date stated in the invitation under subsection (1) (d) and taking into account any representations made in response to the invitation— (a) decide whether or not to make a claim on or realise the financial assurance or part of it; and (b) give the licensee written notice of the decision.