Document Generated: 2022-06-22 Status: This is the original version (as it was originally made). (b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981(19) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order. (6) No action may be taken under this paragraph for the recovery of a sum payable as a penalty under regulation 18 if a review has been requested under regulation 19(3) or (4) and the review has not been determined or withdrawn. PART 6 Miscellaneous Fees 21.—(1) A fee is payable by an OES or a RDSP to an enforcement authority, to recover the reasonable costs incurred by, or on behalf of, that authority in carrying out a NIS function in relation to that OES or RDSP. (2) The fee mentioned in paragraph (1) must be paid to the enforcement authority within 30 days after receipt of the invoice sent by the authority. (3) The invoice must state the work done and the reasonable costs incurred by, or on behalf of, the enforcement authority, including the time period to which the invoice relates. (4) An enforcement authority may determine not to charge a fee under paragraph (1) in any particular case. (5) A fee payable under this regulation is recoverable as a civil debt. (6) In this regulation— (a) a “NIS function” means a function that is carried out under these Regulations except any function under regulations 17(1) to (4) and 18 to 20; and (b) “enforcement authority” has the same meaning as in regulation 18(7)(b). Proceeds of penalties 22.—(1) The sum that is received by a NIS enforcement authority as a result of a penalty notice served under regulation 18 must be paid into the Consolidated Fund unless paragraph (2) applies. (2) The sum that is received as a result of a penalty notice served under regulation 18 by— (a) the Welsh Ministers must be paid into the Welsh Consolidated Fund established under section 117 of the Government of Wales Act 2006(20); and (b) the Scottish Ministers or the Drinking Water Quality Regulator for Scotland, must be paid into the Scottish Consolidated Fund established under section 64 of the Scotland Act 1998(21). 40(a) and (c) of Part 2 of Schedule 9 to, the Crime and Courts Act 2013 (c. 22). Further amendments made by the Tribunals, Courts and Enforcement Act 2007 have yet to be brought into force. (19) S.I. 1981/226 (N.I. 6). (20) 2006 c. 32. (21) 1998 c. 46. Sub-section 2A of section 64 was inserted by section 16(1) and (2) of the Scotland Act 2016 (c. 11). 19

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