Modifications etc. (not altering text)
C1Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8
Pt. I (ss. 1-24): functions of River Purification Authorities tranferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(a)(iii)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(d)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Local Authorities transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(h)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred (1.4.1996) to The Environment Agency by 1995 c. 25, s. 2(1)(d)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e)(with s. 115, 117); S.I. 1996/186, art.2
Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)
(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.