Information notices
Section 111 – Power to require information
291.This section allows the relevant planning authority to serve an information notice on any person who is the owner or occupier of land or has any other interest in it, or who is carrying out operations on the land or using it for any purpose, where they consider an offence under section 103 or section 104 may have been committed on or in respect of land in its area.
292.It also allows the Welsh Ministers to serve an information notice on any person who is the owner or occupier of land or has any other interest in it, or who is carrying out operations on the land or using it for any purpose, where they consider an offence under section 103 or section 104 may have been committed on or in respect of land in Wales.
293.The Welsh Ministers may also serve an information notice on a person carrying out operations in the Welsh marine area where they suspect an offence to have been committed in or in respect of the Welsh marine area.
294.This section also prescribes what an information notice must specify and what it may specify and requires the person on whom a notice is served to provide the information specified in the notice so far as they are able to do so. The notice must set out the likely consequences for failing to respond.
Section 112 – Offences of failing to comply with information notices
295.Section 112(1) provides that an offence is committed where a person on whom an information notice has been served does not comply with a requirement of the notice after a period of 21 days from the day on which the notice was served, but there is a defence if the person can prove a reasonable excuse for failing to comply. This is a summary offence punishable by a fine.
296.Subsection (5) provides that it is an offence to knowingly or recklessly provide information which is false or misleading. This is an either way offence punishable by a fine.
297.It is possible under this section for a person to be convicted of more than one offence in relation to the same information notice by reference to different periods.
