C3 Part VIII Special Controls

Annotations:
Modifications etc. (not altering text)
C3

Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (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

Chapter I Trees

Consequences of tree removal, etc.

C1C2210 Penalties for non-compliance with tree preservation F8orderF8regulations .

1

If any person, in contravention of F4a tree preservation orderF4tree preservation regulations —

a

cuts down, uproots or wilfully destroys a tree, F6or

b

wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, F5or

c

causes or permits the carrying out of any of the activities in paragraph (a) or (b),

he shall be guilty of an offence.

2

A person guilty of an offence under subsection (1) shall be liable F9on summary conviction, or on conviction on indictment, to a fine.

3

In determining the amount of any fine to be imposed on a person convicted F1. . . of an offence under subsection (1), 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.

4

If any person contravenes the provisions of F7a tree preservation orderF7tree preservation regulations otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F34A

Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.

4B

Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

4C

For the purposes of subsection (4A), a certificate—

a

signed by or on behalf of the prosecutor, and

b

stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,

is conclusive evidence of that fact.

4D

A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

4E

Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.

F25

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