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(a)a remedial notice requires the taking of any action, and
(b)that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,
every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2)In subsection (1) “relevant time”—
(a)in relation to action required to be taken before the end of the compliance period, means a time after the end of that period and before the action is taken; and
(b)in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.
(3)In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
(4)In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he—
(a)is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and
(b)is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,
that he was not aware of the existence of the notice at that time.
(5)A person shall be assumed to have had knowledge of a remedial notice at any time if at that time—
(a)he was an owner of the neighbouring land; and
(b)the notice was at that time registered as a local land charge.
(6)Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.
(7)Where a person is convicted of an offence under subsection (1) and it appears to the court—
(a)that a failure to comply with the remedial notice is continuing, and
(b)that it is within that person’s power to secure compliance with the notice,
the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.
(8)An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.
(9)Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(10)Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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