Modifications etc. (not altering text)
C1Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
(1)If any person, in contravention of a tree preservation order—
(a)cuts down, uproots or wilfully destroys a tree, or
(b)wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,
he shall be guilty of an offence.
(2)A person guilty of an offence under subsection (1) shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum or twice the sum which appears to the court to be the value of the tree, whichever is the greater; or
(b)on conviction on indictment, to a fine.
(3)In determining the amount of any fine to be imposed on a person convicted on indictment of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(4)If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5)If, in the case of a continuing offence under this section, the contravention is continued after the conviction, the offender shall be guilty of a further offence and liable on summary conviction to an additional fine not exceeding £5 for each day on which the contravention is so continued.