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Regulatory Enforcement and Sanctions Act 2008
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Regulatory Enforcement and Sanctions Act 2008, Section 49 is up to date with all changes known to be in force on or before 27 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 49:
- s. 70(6) inserted by 2018 c. 12 Sch. 19 para. 152(3)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 70(6) inserted by 2018 c. 12 Sch. 19 para. 152(3)
49Stop notices: enforcementU.K.
This section has no associated Explanatory Notes
(1)Provision under section 46 conferring power on a regulator to serve a stop notice must provide that, where a person on whom a notice is served does not comply with it, the person is guilty of an offence and liable—
(a)on summary conviction, to [F1a fine not exceeding £20,000] [F1a fine], or imprisonment for term not exceeding twelve months, or both, or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
[F2(1A)In the application of this section in England and Wales, the reference in subsection (1)(a) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or to six months in relation to an offence committed before 2 May 2022).]
(2)In the application of this section—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in Northern Ireland,
the reference in subsection (1)(a) to twelve months is to be read as a reference to six months.
Textual Amendments
F1Words in s. 49(1)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 39 (with reg. 5(1))
F2S. 49(1A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 18(3)
F3S. 49(2)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 18(2)
Modifications etc. (not altering text)
C1S. 49(1) modified (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 10(3)(b), 21(2)
C2S. 49(1) modified (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 14(3), 21(2)
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