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Planning (Wales) Act 2026
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This version of this provision is prospective.
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Changes to legislation:
Planning (Wales) Act 2026, Section 139 is up to date with all changes known to be in force on or before 11 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 139:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
139Assurance that person is not at risk of prosecution for offence under section 138E+W
This section has no associated Explanatory Notes
(1)This section applies where a planning authority has issued an enforcement notice.
(2)At the same time as a copy of the enforcement notice is served on a person, or at any time after a copy is served on the person, the planning authority may serve a non-prosecution notice on the person.
(3)The planning authority may also serve a non-prosecution notice on a person who was not served with a copy of the enforcement notice if—
(a)the person would be served with a copy of the enforcement notice if it were reissued, and
(b)the person requests the authority to serve a non-prosecution notice.
(4)A non-prosecution notice is a notice giving the person on whom it is served the assurance that, in the circumstances as they appear to the planning authority, the person either—
(a)is not at risk of being prosecuted for an offence under section 138 in connection with the enforcement notice, or
(b)is not at risk of being prosecuted for such an offence in connection with matters relating to the enforcement notice that are specified in the non-prosecution notice.
(5)If the non-prosecution notice gives the assurance in connection with matters specified under subsection (4)(b), it must explain the respects in which the person is at risk of being prosecuted for an offence under section 138 in connection with the enforcement notice.
(6)A non-prosecution notice must state the effect of subsections (7) and (8).
(7)At any time after a planning authority serves a non-prosecution notice on a person, it may serve a notice on the person withdrawing the assurance, either wholly or partly, from a time specified in the notice.
(8)The time specified in the notice must give the person a reasonable opportunity to take any steps necessary to avoid a risk of prosecution that will cease to be covered by the assurance.
(9)The notice does not withdraw the assurance so far as it relates to prosecution in respect of a failure to comply with the enforcement notice before the specified time.
(10)An assurance given under this section is (so far as not withdrawn) binding on any person with the power to prosecute an offence under section 138.
Commencement Information
I1S. 139 not in force at Royal Assent, see s. 409(2)
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