F1161D Consequences of not complying with a works notice.E+W
(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.
Textual Amendments
F1Ss. 161A-161D inserted (21.9.1995 for specified purposes, 16.3.1999 for other specified purposes and otherwise 29.4.1999) by 1995 c. 25, s. 120, Sch. 22 para. 162 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 1999/803, art. 2; S.I. 1999/1301, art. 2
F2Words in ss. 161D-164 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 283 (with Sch. 7)
F3Words in s. 161D(2)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 24(5) (with reg. 5(1))
Modifications etc. (not altering text)
C1Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)
C2Ss. 161-161D modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 Pt. 7 paras. 1(3), 2 (with regs. 1(3), 77-79, Sch. 4)