Part VII Land and Works Powers

chapter I POWERS OF THE APPROPRIATE AGENCY

Restoration and improvement works for controlled waters

F1161D Consequences of not complying with a works notice.

(1)

If a person on whom the F2appropriate agency serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.

(2)

A person who commits an offence under subsection (1) above shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding three months or to F3a fine or to both;

(b)

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

(3)

If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, the F2appropriate agency may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by the F2appropriate agency in doing it.

(4)

If the F2appropriate agency is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, the F2appropriate agency may take proceedings in the High Court for the purpose of securing compliance with the notice.

(5)

In this section “works notice” means a works notice under section 161A above.