Environmental Protection Act 1990

Offences under 1960 Act

14 (1) Section 13 of the 1960 Act (offences) shall be amended as follows.

(2) In subsection (1) after paragraph (c) there shall be inserted the following paragraph “, or

(d) being a person who is registered under section one or section three of this Act or to whom an authorisation under section six or section seven of this Act has been granted, fails to comply with any requirement of a notice served on him under section 11B or 11C of this Act”.

(3) In subsection (2) (penalties for offence under subsection (1)) in paragraph (a), for the words after “summary conviction” there shall be substituted the words “to a fine not exceeding £20,000, or to imprisonment for a term not exceeding six months or both”.

(4) In subsection (4) (penalties for offence under subsection (3)) in paragraph (a), for the words from “exceeding” where it first appears to “or to”, there shall be substituted the words “exceeding the statutory maximum, or to”.

(5) After subsection (4), there shall be inserted the following subsection—

“(4A) Any person who fails to comply with a requirement imposed on him under section 8A of this Act shall be guilty of an offence, and shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both;

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.”.

(6) In subsection (5)(b) (offence of obstructing inspector)—

(a) at the beginning there shall be inserted the word “intentionally”;

(b) for the words “the last preceding section” there shall be substituted the words “section twelve of this Act”; and

(c) after the word “provide” there shall be inserted the words “facilities or assistance or”.

(7) In subsection (5), in the words after paragraph (b), for the words after “offence” there shall be substituted the words “and shall be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine.”

(8) In subsection (6) (pulling down, defacing etc, documents), for the words after “exceeding” there shall be substituted the words “level 2 on the standard scale.”.

(9) In subsection (7) (which restricts the persons who may authorise prosecutions in England and Wales), for the word “Minister” there shall be substituted the words “Secretary of State, the chief inspector”.

(10) After subsection (8) there shall be inserted the following subsection—

“(9) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first-mentioned person.”