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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

Stop notices

46Stop notices

(1)The provision which may be made under this section is provision conferring on a regulator the power to serve a stop notice on a person.

(2)For the purposes of this Part a “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(3)Provision under this section may only confer such a power in relation to a case falling within subsection (4) or (5).

(4)A case falling within this subsection is a case where—

(a)the person is carrying on the activity,

(b)the regulator reasonably believes that the activity as carried on by that person is causing, or presents a significant risk of causing, serious harm to any of the matters referred to in subsection (6), and

(c)the regulator reasonably believes that the activity as carried on by that person involves or is likely to involve the commission of a relevant offence by that person.

(5)A case falling within this subsection is a case where the regulator reasonably believes that—

(a)the person is likely to carry on the activity,

(b)the activity as likely to be carried on by that person will cause, or will present a significant risk of causing, serious harm to any of the matters referred to in subsection (6), and

(c)the activity as likely to be carried on by that person will involve or will be likely to involve the commission of a relevant offence by that person.

(6)The matters referred to in subsections (4)(b) and (5)(b) are—

(a)human health,

(b)the environment (including the health of animals and plants), and

(c)the financial interests of consumers.

(7)The steps referred to in subsection (2) must be steps to remove or reduce the harm or risk of harm referred to in subsection (4)(b) or (5)(b).

47Stop notices: procedure

(1)Provision under section 46 must secure the results in subsection (2) in a case where a stop notice is served.

(2)Those results are that—

(a)the stop notice must comply with subsection (3),

(b)the person on whom it is served may appeal against the decision to serve it,

(c)where, after service of the notice, the regulator is satisfied that the person has taken the steps specified in the notice, the regulator must issue a certificate to that effect (a “completion certificate”),

(d)the notice ceases to have effect on the issue of a completion certificate,

(e)the person on whom the notice is served may at any time apply for a completion certificate,

(f)the regulator must make a decision as to whether to issue a completion certificate within 14 days of such an application, and

(g)the person on whom the notice is served may appeal against a decision not to issue a completion certificate.

(3)To comply with this subsection a stop notice must include information as to—

(a)the grounds for serving the notice,

(b)rights of appeal, and

(c)the consequences of non-compliance.

(4)Provision pursuant to subsection (2)(b) must secure that the grounds on which a person may appeal against a decision of the regulator to serve a stop notice include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable;

(d)that any step specified in the notice is unreasonable;

(e)that the person has not committed the relevant offence and would not have committed it had the stop notice not been served;

(f)that the person would not, by reason of any defence, have been liable to be convicted of the relevant offence had the stop notice not been served.

(5)Provision pursuant to subsection (2)(g) must secure that the grounds on which a person may appeal against a decision of the regulator not to issue a completion certificate include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unfair or unreasonable.

48Stop notices: compensation

(1)Provision under section 46 conferring power on a regulator to serve a stop notice on a person must include provision for the regulator to compensate the person for loss suffered as the result of the service of the notice.

(2)Provision under subsection (1) may provide for compensation—

(a)only in prescribed cases;

(b)only in relation to prescribed descriptions of loss.

(3)Provision under subsection (1) must secure that the person on whom the stop notice is served is able to appeal against—

(a)a decision by the regulator not to award compensation, or

(b)a decision of the regulator as to the amount of the compensation.

49Stop notices: enforcement

(1)Provision under section 46 conferring power on a regulator to serve a stop notice must provide that, where a person on whom a notice is served does not comply with it, the person is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding £20,000, or imprisonment for term not exceeding twelve months, or both, or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

(2)In the application of this section—

(a)in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), or

(b)in Northern Ireland,

the reference in subsection (1)(a) to twelve months is to be read as a reference to six months.

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