Offences

Offences relating to registration or authorisation.
32
1
Any person who—
a
contravenes section 6, 9, 13(1), (2) or (3) or 14(1), or
b
being a person registered under section 7 or 10, or being (wholly or partly) exempted from registration under either of those sections, does not comply with a limitation or condition subject to which he is so registered or exempted, or
c
being a person
who holds an authorisation under section 13 or 14
, does not comply with a limitation or condition subject to which that authorisation has effect, or
d
being a person who is registered under section 7 or 10 or
who holds an authorisation under section 13 or 14
, fails to comply with any requirement of a notice served on him under section 21 or 22,
shall be guilty of an offence.
2
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to a fine not exceeding #20,000 or to imprisonment for a term not exceeding six months, or both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both.
3
If the appropriate Agency is of the opinion that proceedings for an offence under subsection (1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of a notice served on him under section 21 or 22, that Agency may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the notice.
S. 32(3) added (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 219 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Words in s. 32(1)(c) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 11; S.I. 2004/1973, art. 2, Sch.
Words in s. 32(1)(d) substituted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 11; S.I. 2004/1973, art. 2, Sch.
S. 32 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(ee), Sch. 28 (with reg. 1(2), Sch. 4)
Ss. 30-46 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)