C1C4C5 Part VII Enforcement

Annotations:
Modifications etc. (not altering text)
C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Stop notices

C3187 Penalties for contravention of stop notice. C2

F11

If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

1A

An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

1B

References in this section to contravening a stop notice include causing or permitting its contravention.

2

A person guilty of an offence under this section shall be liable F2on summary conviction, or on conviction on indictment, to a fine.

2A

In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

3

In proceedings for an offence under this section it shall be a defence for the accused to prove—

a

that the stop notice was not served on him, and

b

that he did not know, and could not reasonably have been expected to know, of its existence.