Part 3

Civil sanctions

Stop notices

Stop notices: procedure
47
1
Provision under section 46 must secure the results in subsection (2) in a case where a stop notice is served.
2
Those results are that—
a
the stop notice must comply with subsection (3),
b
the person on whom it is served may appeal against the decision to serve it,
c
where, after service of the notice, the regulator is satisfied that the person has taken the steps specified in the notice, the regulator must issue a certificate to that effect (a “completion certificate”),
d
the notice ceases to have effect on the issue of a completion certificate,
e
the person on whom the notice is served may at any time apply for a completion certificate,
f
the regulator must make a decision as to whether to issue a completion certificate within 14 days of such an application, and
g
the person on whom the notice is served may appeal against a decision not to issue a completion certificate.
3
To comply with this subsection a stop notice must include information as to—
a
the grounds for serving the notice,
b
rights of appeal, and
c
the consequences of non-compliance.
4
Provision pursuant to subsection (2)(b) must secure that the grounds on which a person may appeal against a decision of the regulator to serve a stop notice include the following—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable;
d
that any step specified in the notice is unreasonable;
e
that the person has not committed the relevant offence and would not have committed it had the stop notice not been served;
f
that the person would not, by reason of any defence, have been liable to be convicted of the relevant offence had the stop notice not been served.
5
Provision pursuant to subsection (2)(g) must secure that the grounds on which a person may appeal against a decision of the regulator not to issue a completion certificate include the following—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unfair or unreasonable.
Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)