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Part 8E+W+SEnforcement

OffencesE+W+S

162Time limitsE+W+S

(1)A person may not be charged with an offence under section 160 or 161 after the end of—

(a)the relevant 4-year period, or

(b)if subsection (3) applies, the extended period.

(2)The “relevant 4-year period” means—

(a)in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;

(b)in the case of an offence under section 161, the period of 4 years beginning with the later of—

(i)the date on which the development was substantially completed, and

(ii)the date on which the breach or failure to comply occurred.

(3)This subsection applies if during the relevant 4-year period—

(a)an information notice has been served under section 167, or

(b)an injunction has been applied for under section 171.

(4)The “extended period” means the period of 4 years beginning with—

(a)the date of service of the information notice, if subsection (3)(a) applies;

(b)the date of the application for the injunction, if subsection (3)(b) applies;

(c)the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.

Commencement Information

I1S. 162 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)