Prospective

PART 4E+WENFORCEMENT

Breach of condition noticesE+W

126Offence of failing to comply with breach of condition noticeE+W

(1)A person on whom a breach of condition notice has been served is guilty of an offence if, at any time after the end of the period allowed for compliance with the notice—

(a)any condition specified in the notice is not complied with, and

(b)any step specified in the notice has not been taken or any activity specified in the notice has not been stopped.

(2)A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same breach of condition notice by reference to different periods.

(3)In proceedings against a person for an offence under this section, it is a defence for the person to prove—

(a)that the person took all reasonable steps to secure compliance with the conditions specified in the notice, or

(b)where the notice was served on the person by virtue of section 125(2)(b), that the person no longer had control of the land at the time of the alleged offence.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)In subsection (1) the reference to the period allowed for compliance with the breach of condition notice is to—

(a)the period specified in the notice under section 125(6), or

(b)that period as extended under section 125(8).

Commencement Information

I1S. 126 not in force at Royal Assent, see s. 409(2)