138Offences of failing to comply with enforcement notice(1)

If, at any time after the end of the period within which an enforcement notice requires any step to be taken or any activity to be stopped, the step has not been taken or the activity is being carried out, a person who is at that time an owner of the land to which the notice relates is guilty of an offence.

(2)

In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person did everything the person could be expected to do to secure that the steps specified in the notice were taken or the activities specified in the notice were stopped.

(3)

Subsection (4) applies to a person, other than an owner, who has—

(a)

control of the land to which an enforcement notice relates, or

(b)

an interest in the land.

(4)

The person commits an offence if, at any time after the end of the period within which the notice requires any activity to be stopped, the person carries out the activity or causes or permits the activity to be carried out.

(5)

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 enforcement notice by reference to different periods.

(6)

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

(a)

a copy of the enforcement notice was not served on the person,

(b)

the notice was not contained in the register kept under section 154, and

(c)

the person did not know of the existence of the notice.

(7)

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

(8)

In determining the amount of the fine, the court must in particular have regard to any financial benefit that has accrued or appears likely to accrue to the person in consequence of the offence.