Part 3Civil sanctions

Supplementary and general

71Interpretation of Part 3

(1)

In this Part—

“civil sanction” means a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking (and references to imposition of a civil sanction include acceptance of an enforcement undertaking);

“discretionary requirement” has the meaning given in section 42(3);

“enforcement function”, in relation to an offence, means a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where the offence is committed;

“enforcement undertaking” has the meaning given in section 50(2);

“fixed monetary penalty” has the meaning given in section 39(3);

“non-monetary discretionary requirement” has the meaning given in section 42(5);

“prescribed” means prescribed in an order under this Part;

“regulator” has the meaning given in section 37;

“relevant authority” means—

(a)

in relation to provision made under or by virtue of this Part by a Minister of the Crown, that Minister, and

(b)

in relation to provision made under or by virtue of this Part by the Welsh Ministers, the Welsh Ministers;

“relevant offence” has the meaning given in section 38;

“stop notice” has the meaning given in section 46(2);

“variable monetary penalty” has the meaning given in section 42(5).

(2)

For the purposes of this Part, any reference to a person who has an enforcement function in relation to an offence includes a reference to a person who is in any circumstances capable of exercising an enforcement function in relation to the offence.