2008 c. 13

Order applied in part (1.5.2015) by The Nitrate Pollution Prevention Regulations 2015 (S.I. 2015/668), regs. 1(2), 42(3)

Order applied (with modifications) (2.4.2018) by The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 (S.I. 2018/151), regs. 1(b), 13

http://www.legislation.gov.uk/uksi/2010/1157/contentsThe Environmental Civil Sanctions (England) Order 2010Legal aid and adviceenENVIRONMENTAL PROTECTION, ENGLANDTRIBUNALS AND INQUIRIES, ENGLANDStatute Law DatabaseExpert Participation2024-05-20Expert Participation2023-12-01This Order is made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008. It permits the Environment Agency and Natural England to impose civil sanctions in relation to the offences specified in Schedule 5 to the Order.The Environmental Civil Sanctions (England) Order 2010The Environmental Civil Sanctions (England) Order 2010PART 1Introduction1Citation, application and commencement2RegulatorsPART 2Civil sanctions, notices and undertakings3Civil sanctions, notices and undertakings4Scope5Combination of penaltiesPART 3Non-compliance and enforcement6Recovery of payments7Non-compliance penalties8Enforcement cost recovery noticesPART 4Administration9Withdrawing or amending a notice10Appeals11Guidance as to use of civil sanctions12Additional guidance13Consultation on guidance14Publication of enforcement action15Power of entrySCHEDULE 1Fixed monetary penalties1Power to impose a fixed monetary penalty2Notice of intent3Discharge of liability4Making representations and objections5Service of final notice6Contents of final notice7Discount for early payment8Grounds of appeal9Non-payment after 56 days10Criminal proceedingsSCHEDULE 2Variable monetary penalties, compliance notices, restoration notices and third party undertakings1Imposition of a variable monetary penalty, compliance notice or restoration notice2Notice of intent3Making representations and objections4Third party undertakings5Final notice6Contents of final notice – variable monetary penalty7Contents of final notice - compliance notice or restoration notice8Appeals against a final notice9Criminal proceedingsSCHEDULE 3Stop notices1Stop notices2Contents of a stop notice3Appeals4Completion certificates5Compensation6OffencesSCHEDULE 4Enforcement undertakings1Enforcement undertakings2Contents of an enforcement undertaking3Acceptance of an enforcement undertaking4General provisions on enforcement undertakings5Discharge of an enforcement undertaking6Inaccurate, incomplete or misleading information7Non-compliance with an enforcement undertakingSCHEDULE 5Offences

2010 No. 1157

Environmental Protection, EnglandTribunals And Inquiries, England

The Environmental Civil Sanctions (England) Order 2010

Made26th March 2010

Coming into force6th April 2010

The Secretary of State makes this Order in exercise of the powers contained in sections 36, 39, 42, 46, 48 to 55, 63 and 65 of the Regulatory Enforcement and Sanctions Act 2008.

The Secretary of State has carried out consultation in accordance with section 60 of that Act.

The Secretary of State is satisfied, in accordance with section 66 of that Act, that the Environment Agency and Natural England (who are the regulators for the purpose of this Order) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by this Order.

In accordance with section 61(1) of that Act, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.