Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Part 3 U.K. Civil sanctions

Modifications etc. (not altering text)

C1 Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)

C2 Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)

Supplementary and general U.K.

71 Interpretation of Part 3 U.K.

(1) In this Part—

• “civil sanction” means a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking (and references to imposition of a civil sanction include acceptance of an enforcement undertaking);

• “discretionary requirement” has the meaning given in section 42(3);

• “enforcement function”, in relation to an offence, means a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where the offence is committed;

• “enforcement undertaking” has the meaning given in section 50(2);

• “fixed monetary penalty” has the meaning given in section 39(3);

• “non-monetary discretionary requirement” has the meaning given in section 42(5);

• “prescribed” means prescribed in an order under this Part;

• “regulator” has the meaning given in section 37;

• “relevant authority” means—

  (a)

  in relation to provision made under or by virtue of this Part by a Minister of the Crown, that Minister, and

  (b)

  in relation to provision made under or by virtue of this Part by the Welsh Ministers, the Welsh Ministers;

• “relevant offence” has the meaning given in section 38;

• “stop notice” has the meaning given in section 46(2);

• “variable monetary penalty” has the meaning given in section 42(5).

(2) For the purposes of this Part, any reference to a person who has an enforcement function in relation to an offence includes a reference to a person who is in any circumstances capable of exercising an enforcement function in relation to the offence.