SCHEDULE 1Civil Sanctions
PART 2Stop Notices
Stop notices 9
1
A regulator may serve a stop notice on any person in a case falling within sub-paragraph (3) or (4).
2
A “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.
3
A case falling within this sub-paragraph is a case where the regulator reasonably believes that—
a
the person is carrying on the activity;
b
the activity as carried on by that person is causing, or presents a significant risk of causing, serious harm to the environment (including the health of animals); and
c
the activity as carried on by that person involves or is likely to involve the commission of an offence under Part 2 of these Regulations.
4
A case falling within this sub-paragraph is a case where the regulator reasonably believes that—
a
the person is likely to carry on the activity;
b
the activity as likely to be carried on by that person will cause, or will present a significant risk of causing, serious harm to the environment (including the health of animals); and
c
the activity as likely to be carried on by that person will involve or will be likely to involve the commission of an offence under Part 2 of these Regulations.
5
The steps referred to in sub-paragraph (2) must be steps to remove or reduce the harm or risk of harm to the environment (including the health of animals).
Contents of a stop notice 10
A stop notice must include information as to—
a
the grounds for serving the notice;
b
the steps the person must take to comply with the stop notice;
c
rights of appeal; and
d
the consequences of non-compliance.
Appeals against stop notices 11
1
The person on whom a stop notice is served may appeal against the decision to serve it.
2
The grounds for appeal are—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unreasonable;
d
that any step specified in the notice is unreasonable;
e
that the person has not committed the offence and would not have committed it had the stop notice not been served;
f
that the person would not, by reason of any defence, have been liable to be convicted of the offence had the stop notice not been served;
g
any other reason.
Completion certificates 12
1
Where, after service of a stop notice, the regulator is satisfied that the person has taken the steps specified in the notice, the regulator must issue a certificate to that effect (a “completion certificate”).
2
The stop notice ceases to have effect on the issue of a completion certificate.
3
The person on whom the stop notice is served may at any time apply for a completion certificate.
4
The regulator must make a decision as to whether to issue a completion certificate, and give written notice of the decision to the applicant, within 14 days of such an application.
Appeals against decision not to issue a completion certificate 13
The person on whom the stop notice was served may appeal against a decision not to issue a completion certificate on the grounds that the decision—
a
was based on an error of fact;
b
was wrong in law;
c
was unfair or unreasonable;
d
was wrong for any other reason.
Compensation 14
The regulator must compensate a person for loss suffered as the result of the service of a stop notice or the refusal of a completion certificate if—
a
the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable;
b
the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or
c
the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.
Appeal against compensation decision 15
A person may appeal against a decision not to award compensation or the amount of compensation awarded—
a
on the grounds that the regulator’s decision was unreasonable;
b
on the grounds that the amount offered was based on incorrect facts;
c
for any other reason.
Offence 16
Where a person on whom a stop notice is served does not comply with it, the person is guilty of an offence and liable—
a
on summary conviction, to a fine, or imprisonment for a term not exceeding twelve months, or both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.