Section 78N(3)

This section applies in each of the following cases, that is to say— where the enforcing authority considers it necessary to do anything itself by way of remediation for the purpose of preventing the occurrence of any serious harm, or serious pollution of controlled waters, of which there is imminent danger; where an appropriate person has entered into a written agreement with the enforcing authority for that authority to do, at the cost of that person, that which he would otherwise be required to do under this Part by way of remediation; where a person on whom the enforcing authority serves a remediation notice fails to comply with any of the requirements of the notice; where the enforcing authority is precluded by section 78J or 78K above from including something by way of remediation in a remediation notice; where the enforcing authority considers that, were it to do some particular thing by way of remediation, it would decide, by virtue of subsection (2) of section 78P below or any guidance issued under that subsection,— not to seek to recover under subsection (1) of that section any of the reasonable cost incurred by it in doing that thing; or to seek so to recover only a portion of that cost; where no person has, after reasonable inquiry, been found who is an appropriate person in relation to any particular thing.

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Source: legislation.gov.uk · retrieved 2026-07-30