The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

[F1 PART 8 E+W Guidance and publicity

Textual Amendments

F1 Sch. 4A inserted (15.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1303), reg. 1, Sch.

Guidance as to the use of civil sanctions E+W

34.— (1) The appropriate authority must publish guidance about its use of civil sanctions.

(2) The appropriate authority must revise and update guidance where appropriate.

(3) The appropriate authority must have regard to the guidance or revised and updated guidance in exercising its functions.

(4) In the case of guidance about compliance notices, restoration notices, fixed monetary penalties, variable monetary penalties, stop notices and non-compliance penalties, the guidance must contain information as to—

(a) the circumstances in which the civil sanction is likely to be imposed,

(b) the circumstances in which it is not likely to be imposed,

(c) where relevant, rights to make representations and objections,

(d) rights of appeal, and

(e) in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the appropriate authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance).

(5) In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a) the circumstances in which the appropriate authority is likely to accept an enforcement undertaking, and

(b) the circumstances in which the appropriate authority is not likely to accept an enforcement undertaking.

Consultation on guidance E+W

35.   The appropriate authority must consult such persons as it considers appropriate before publishing—

(a) any guidance, or

(b) any significant revisions or updates to guidance which has already been published.

Publication of enforcement action E+W

36.— (1) The appropriate authority must publish annually—

(a) the cases in which civil sanctions have been imposed;

(b) where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted;

(c) the cases in which an enforcement undertaking has been accepted.

(2) In sub-paragraph (1)(a), the reference to cases in which civil sanctions have been imposed does not include cases where a sanction has been imposed but overturned on appeal.

(3) This paragraph does not apply in cases where the appropriate authority considers that publication would be inappropriate.]