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Changes over time for: Section 90B
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Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 06/04/2010
Status:
Point in time view as at 25/11/2002. This version of this provision has been superseded.
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Changes to legislation:
There are currently no known outstanding effects for the Water Resources Act 1991, Section 90B.
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Changes to Legislation
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[90B Enforcement notices.E+W
(1)If the Agency is of the opinion that the holder of a relevant consent is contravening any condition of the consent, or is likely to contravene any such condition, the Agency may serve on him a notice (an “enforcement notice”).
(2)An enforcement notice shall—
(a)state that the Agency is of the said opinion;
(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise;
(c)specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and
(d)specify the period within which those steps must be taken.
(3)Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4)If the Agency is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, the Agency may take proceedings in the High Court for the purpose of securing compliance with the notice.
(5)The Secretary of State may, if he thinks fit in relation to any person, give to the Agency directions as to whether the Agency should exercise its powers under this section and as to the steps which must be taken.
(6)In this section—
“relevant consent” means—
(a)
a consent for the purposes of section 89(4)(a) or 90(1) or (2) above; or
(b)
a discharge consent, within the meaning of section 91 below; and
“the holder”, in relation to a relevant consent, is the person who has the consent in question.]
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