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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

46Stop notices

This section has no associated Explanatory Notes

(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).

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