Control of Pollution Act 1974

[F1 49A Enforcement notices as respects discharge consents. S

(1) If SEPA 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, it may serve on him a notice (an “ enforcement notice ”).

(2) An enforcement notice shall—

(a) state that SEPA 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 [F2 £40,000] 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 SEPA 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, SEPA may take proceedings in any court of competent jurisdiction 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 SEPA directions as to whether it should exercise its powers under this section and as to the steps which must be taken.

(6) In this section—

• “ relevant consent ” means a consent for the purposes of section 30J(7)(a), 34 or 49(1) of this Act; and

• “ the holder ”, in relation to a relevant consent, is the person who has the consent in question. ]

Textual Amendments

F1 Ss. 49A and 49B inserted (S.) (1.1.2001) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(26) (with ss. 7(6), 115, 117); S.S.I. 2000/433, art. 2

F2 Word in s. 49A(3)(a) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), Sch. 2 para. 2(4); S.S.I. 2004/420, art. 3, Sch. 1