The Management of Hedgerows (England) Regulations 2024

Guidance as to use of civil sanctions and enforcement of relevant offences

16.—(1) As regards each power to issue civil sanctions in relation to an offence under these Regulations, the Regulator must publish guidance—

(a) about the intended use of the sanction;

(b) about how the offence is to be enforced.

(2) Guidance under paragraph (1)(a) must include the information set out in paragraph (4)

(3) Guidance under paragraph (1)(b) must include the information set out in paragraph (5).

(4) The information referred to in paragraph (2) is information as to—

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

(b) the circumstances in which the civil sanction may not be imposed;

(c) rights of appeal;

(d) as regards the power to issue a variable monetary penalty, a compliance notice or a restoration notice only, the rights to make representations and objections;

(e) as regards the power to issue a variable monetary penalty only, the matters likely to be taken into account by the Regulator in determining the amount of the penalty, which must include the voluntary reporting by any person of their own non-compliance.

(5) The information referred to in paragraph (3) is information as to—

(a) the sanctions (including criminal sanctions) to which a person who commits an offence may be liable;

(b) the action which the regulator may take to enforce the offence;

(c) the circumstances in which the Regulator is likely to take any such action.

(6) The Regulator must revise the guidance issued under paragraph (1)(a) and (b) where appropriate from time to time, subject to regulation 18.

(7) The Regulator must have regard to the current guidance under paragraph (1)(a) when exercising the power to issue a civil sanction to which it relates.