OffenceE+W
93.—(1) A person commits an offence if the person contravenes a CIL stop notice—
(a)which has been served on that person; or
(b)a copy of which has been displayed in accordance with regulation 90(6).
(2) Contravention of a CIL stop notice includes causing or permitting the contravention of the notice.
(3) An offence under this regulation may be charged by reference to a day or a longer period of time.
(4) A person may be convicted of more than one such offence in relation to the same CIL stop notice by reference to different days or periods of time.
(5) It is a defence for a person charged with an offence under this regulation to prove that—
(a)the CIL stop notice was not served on the person; and
(b)the person did not know, and could not reasonably have been expected to know, of its existence.
(6) A person convicted of an offence under this regulation is liable [F1on summary conviction, or on conviction on indictment, to a fine].
(7) In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.
Textual Amendments
F1Words in reg. 93(6) 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. 80(2) (with reg. 5(1))
Commencement Information
I1Reg. 93 in force at 6.4.2010, see reg. 1