The Management of Hedgerows (England) Regulations 2024

Regulation 10

SCHEDULE 1 Stop notices

Stop notices

1.—(1) The Regulator may serve a stop notice on any person in accordance with this Schedule in relation to the offence set out in regulation 7(1) or (2).

(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 stop notice may only be served in a case falling within sub-paragraph (4).

(4) A case falling within this sub-paragraph is a case where—

(a) the person is carrying on the activity,

(b) the Regulator reasonably believes that the activity as carried on by that person is causing, or presents a significant risk of causing, serious damage to “important” hedgerows in breach of regulations 5 and 6, and

(c) the Regulator reasonably believes that the activity as carried on by that person involves or is likely to involve the commission of an offence under regulation 7(1) or (2) by that person.

(5) The steps referred to in sub-paragraph (2) must be steps to remove or reduce the damage or risk of damage referred to in sub-paragraph (4)(b).

Contents of a stop notice

2.  A stop notice must include information as to—

(a) the grounds for serving the stop notice;

(b) the steps the person must take to comply with the stop notice;

(c) rights of appeal;

(d) the consequences of non-compliance.

Appeals

3.—(1) The person on whom a stop notice is served may appeal to the First-tier Tribunal against the decision to serve it in writing before the end of the period specified by the Regulator in the notice which must not be less than 28 days.

(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

4.—(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 to the Regulator in writing for a completion certificate.

(4) The Regulator must make a decision as to whether to issue a completion certificate within 14 days from the date on which the application was received.

(5) The person on whom the stop notice was served may appeal against a decision not to issue a completion certificate in writing before the end of the period specified by the Regulator in the notice, which must not be less than 28 days, on the grounds that the decision was—

(a) based on an error of fact;

(b) wrong in law;

(c) unfair or unreasonable;

(d) wrong for any other reason.

Compensation

5.—(1) The Regulator must compensate a person for loss suffered as the result of the service of the stop notice if that person has suffered loss as a result of the notice and—

(a) a 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) that person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or

(c) that person successfully appeals against the refusal of a completion certificate and the Tribunal finds that the refusal was unreasonable.

(2) A person may appeal against a decision not to award compensation or the amount of compensation in writing before the end of the period of 28 days from the date of that decision—

(a) on the grounds that the Regulator’s decision was unreasonable;

(b) on the grounds that the amount offered was based on an error of fact;

(c) for any other reason.

Offences

6.  Where a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and is liable, on summary conviction, to a fine.