Part 3Civil sanctions

Supplementary and general

71Interpretation of Part 3

1

In this Part—

  • “civil sanction” means a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking (and references to imposition of a civil sanction include acceptance of an enforcement undertaking);

  • “discretionary requirement” has the meaning given in section 42(3);

  • “enforcement function”, in relation to an offence, means a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where the offence is committed;

  • “enforcement undertaking” has the meaning given in section 50(2);

  • “fixed monetary penalty” has the meaning given in section 39(3);

  • “non-monetary discretionary requirement” has the meaning given in section 42(5);

  • “prescribed” means prescribed in an order under this Part;

  • “regulator” has the meaning given in section 37;

  • “relevant authority” means—

    1. a

      in relation to provision made under or by virtue of this Part by a Minister of the Crown, that Minister, and

    2. b

      in relation to provision made under or by virtue of this Part by the Welsh Ministers, the Welsh Ministers;

  • “relevant offence” has the meaning given in section 38;

  • “stop notice” has the meaning given in section 46(2);

  • “variable monetary penalty” has the meaning given in section 42(5).

2

For the purposes of this Part, any reference to a person who has an enforcement function in relation to an offence includes a reference to a person who is in any circumstances capable of exercising an enforcement function in relation to the offence.