Part 3

Civil sanctions

Exercise of powers: general

Suspension
68
1
Where provision has been made under or by virtue of this Part conferring power on a regulator to impose a civil sanction in relation to an offence, the relevant authority may direct the regulator—
a
where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in section 40(2)(a) in relation to that offence,
b
where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in section 43(2)(a) in relation to that offence,
c
where the power is power to serve a stop notice, not to serve any further stop notice in relation to that offence, and
d
where the power is power to accept an enforcement undertaking, not to accept any further enforcement undertaking in relation to that offence.
2
The relevant authority may only give a direction under subsection (1) in relation to an offence if it is satisfied that the regulator has failed on more than one occasion—
a
to comply with any duty imposed on it under or by virtue of this Part in relation to that offence,
b
to act in accordance with the guidance it has published in relation to that offence (in particular, the guidance published under sections 63 and 64), or
c
to act in accordance with the principles referred to in section 5(2) or with other principles of best practice in relation to the enforcement of that offence.
3
The relevant authority may by direction revoke a direction given by it under subsection (1) if satisfied that the regulator has taken the appropriate steps to remedy the failure to which that direction related.
4
Before giving a direction under subsection (1) or (3) the relevant authority must consult—
a
the regulator, and
b
such other persons as the authority considers appropriate.
5
Where the relevant authority gives a direction under this section, the authority must lay a copy before Parliament (where the relevant authority is a Minister of the Crown) or the National Assembly for Wales (where the relevant authority is the Welsh Ministers).
6
Where the relevant authority gives a direction under this section, the regulator must—
a
publish the direction in such manner as the relevant authority thinks fit, and
b
take such other steps as the regulator thinks fit or the relevant authority may require to bring the direction to the attention of other persons likely to be affected by it.
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)
Ss. 63-69 applied (with modifications) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 10(4)(5)21(2)
Ss. 63-69 applied (with modifications) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 14(4)(5)21(2)
Ss. 63-69 modified (26.11.2018) by Space Industry Act 2018 (c. 5), ss. 59(4), 70(1); S.I. 2018/1224, reg. 2(vv)
Ss. 63-70 applied (with modifications) (7.6.2023) by The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 (asc 2), ss. 17(3)(5), 22(1)
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)
Ss. 63-70 applied (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 201(3)(5), 212(2) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(c)