Part I Integrated Pollution Control and Air Pollution Control by Local Authorities

Provisions as to offences

23 Offences.

(1)

It is an offence for a person—

(a)

to contravene section 6(1) above;

(b)

to fail to give the notice required by section 9(2) above;

(c)

to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;

(d)

without reasonable excuse, to fail to comply with any requirement imposed under section 17 above;

(e)

to prevent any other person from appearing before or from answering any question to which an inspector may by virtue of section 17(3) require an answer;

(f)

intentionally to obstruct an inspector in the exercise or performance of his powers or duties;

(g)

to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;

(h)

to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)

in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or

(ii)

for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;

(i)

intentionally to make a false entry in any record required to be kept under section 7 above;

(j)

with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;

(k)

falsely to pretend to be an inspector;

(l)

to fail to comply with an order made by a court under section 26 below.

(2)

A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:

(a)

on summary conviction, to a fine not exceeding £20,000;

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(3)

A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(4)

A person guilty of an offence under paragraph (d), (e), (f) or (k) of subsection (1) above shall be liable, on summary conviction, to a fine not exceeding the statutory maximum.

(5)

In England and Wales an inspector, if authorised to do so by the Secretary of State, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under subsection (1) above.