Section 42: Offence of failing to comply with enforcement notice
97.Failure to comply with an enforcement notice within the period for compliance is an offence (subsection (1)). A person who commits an offence under subsection (1) can be prosecuted either on summary complaint or on indictment and is liable to a fine, which on summary conviction may not exceed the statutory maximum (£10,000). However, it is a defence for a person charged with such an offence to show that they did everything they could reasonably be expected to do to comply with the notice or they had a reasonable excuse for failing to ensure that the step concerned was taken or for failing to ensure the cessation of the carrying on the activity concerned (subsection (3)). The period for compliance is the period specified in the notice in accordance with section 39(7), or such other extended period as the enforcement authority may allow (subsection (4)).
