Part 4: Enforcement
Enforcement of relevant breaches: general provisions
31: Meaning of "relevant breach" etc
- This section sets out provisions regarding a "relevant breach".
- Subsection (1) contains a definition of what a "relevant breach" means for the purposes of this Act.
- Subsection (2) provides that in Part 4, an "inspector" means an appointed inspector under section 19 or under regulations under section 28.
- Subsection (3) grants powers to create regulations that may outline certain circumstances where a failure to comply with a Part 3 obligation will not be deemed to constitute a relevant breach. Such circumstances may include where the breach was due to the fault of another person or where a person can demonstrate that they took all reasonable precautions and exercised due diligence to avoid the breach in question. Subsection (a) also provides a power for regulations to enable the transfer of liability to another person in circumstances where the commission of the relevant breach was due to the fault of that other person.
- Subsection (4) confirms that regulations relating to this subsection are subject to the draft affirmative procedure.
32: Enforcement
- This section sets out provisions regarding enforcement.
- Subsection (1) enables the Secretary of State to make provisions in regulations with respect to the issuing of compliance notices, stop notices and monetary penalty notices.
- Subsection (2) grants powers to make regulations to ensure that requirements included in the stop notice can be legally enforced in the courts by way of application for an injunction by the Secretary of State.
- Subsection (3) describes what "enforcement notice" means.
- Subsection (4) confirms that regulations relating to this subsection are subject to the draft affirmative procedure.
Enforcement notices
33: Compliance notices
- This section sets out provisions regarding compliance notices.
- Subsection (1) describes what a "compliance notice" means.
- Subsection (2) provides for the conditions for the issue of a compliance notice under regulations.
- Subsection (3) signposts the sections where further provisions about compliance notices are made.
- Subsection (4) clarifies that for a step to have been "specified" it must have been specified as such in the compliance notice.
34: Stop notices
- This section sets out provisions regarding stop notices. Subsection (1) describes what a "stop notice" means.
- Subsection (2) provides for conditions for the issue of a stop notice under regulations.
- Subsection (3) signposts the sections where further provisions about stop notices are made.
- Subsection (4) clarifies that for a step to have been "specified" it must have been specified as such in the stop notice.
35: Monetary penalty notices
- This section sets out provisions regarding monetary penalty notices. Subsection (1) describes what a "monetary penalty notice" is for the purposes of this Act.
- Subsection (2) defines the "appropriate authority" for the purposes of the monetary penalty notice.
- Subsection (3) provides for the Secretary of State to make provisions for a monetary penalty to be imposed as a sanction to a relevant offence by the Secretary of State or an inspector only when satisfied that the person has committed a relevant breach.
- Subsection (4) provides for the Secretary of State to make provisions for the manner in which the payments are made, the period within the payment must be made and the consequences of late payment.
- Subsection (5) provides for the Secretary of State to make provisions for the payment of interest on late payment and for how any amounts payable are to be recoverable.
36: Content of enforcement notices: further provision
- This section sets out further provisions on enforcement notices. Subsections (1) and (2) set out the requirements and the information which must be included in an enforcement notice when served by the Secretary of State on a person.
- Subsection (3) states regulations made to enable the issuance of enforcement notices may provide for the conferral of powers on an inspector or the Secretary of State (as appropriate) to amend or revoke such notices.
37: Enforcement notices: reviews and appeals
- This section sets out provisions on reviews and appeals of enforcement notices. Subsection (1) provides that regulations must secure that the person served an enforcement notice has the right to review and appeal against that notice being served and provides for the grounds on which that appeal can be made, make an appeal to the First-tier tribunal, and provides for further regulations to be made in relation to the notice pending the outcome of the appeal.
- Subsection (2) provides that regulations may make provision conferring on the Secretary of State and the First-tier Tribunal functions for the purposes of them carrying out their roles on a review of a decision to issue an enforcement notice and on an appeal of the outcome of that review respectively.
Costs
38: Costs
- This section sets out provisions regarding costs. Subsection (1) grants powers to create regulations that may allow the appropriate authority, by a "cost notice", to recover costs incurred by them in relation to the issuance of an enforcement notice
- Subsection (2) established what "appropriate authority" means.
- Subsection (3) contains a non-exhaustive definition of "costs" for the purposes of subsection (1).
- Subsection (4) requires that any regulations made under subsection (1) must ensure that notices specify the amount payable, and satisfy requirements for issuing the costs notice, in accordance with points (a) to (e).
- Subsection (5) states regulations must include provisions granting a right of appeal for the person(s) to whom a costs notice has been served and the suspension of the operation of a costs notice pending the outcome of any appeal which has been brought.
- Subsection (6) provides the definition for a "relevant decision".
- Subsection (7) states regulations made under this section may also include provisions related to the collections of costs prescribed by cost notices and interest on late payment.
- Subsection (8) confirms that regulations relating to this subsection will be subject to the draft affirmative procedure.
