The Environmental Civil Sanctions (England) Order 2010

UK Statutory Instrument 2010 No. 1157 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 26 March 2010
In force from: 6 April 2010
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Regulatory Enforcement and Sanctions Act 2008

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This 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 civil sanctions are fixed monetary penalties, variable monetary penalties, compliance notices, restoration notices and stop notices, and enforcement undertakings (article 3). The Order makes provision for the procedure relating to fixed monetary penalties (Schedule 1), variable monetary penalties, compliance notices, restoration notices and third party undertakings (Schedule 2), stop notices (Schedule 3) and enforcement undertakings (Schedule 4). It permits the regulator to serve a non-compliance notice imposing a penalty in the event of non-compliance with a compliance notice, restoration notice or third party undertaking (article 7). Under article 8 the regulator may serve an enforcement cost recovery notice in relation to investigation and administration costs incurred by the regulator, and the costs of the regulator in obtaining expert advice. Article 10 sets out the appeal mechanism. Appeals are to the First-tier Tribunal. Articles 11 to 13 provide that guidance must be prepared and consulted on relating to the use of civil sanctions, and article 14 provides for publication of information on enforcement action taken by the regulator. Article 15 provides powers of entry for persons authorised by Natural England in relation to this Order (persons authorised by the Environment Agency have powers of entry under the Environment Act 1995 (c.25)). A full impact assessment has been prepared and placed in the libraries of both Houses of Parliament. It is available at www.defra.gov.uk.

Offences created by this instrument

Imposition of a variable monetary penalty, compliance notice or restoration notice paragraph 1(4)(b) of SCHEDULE 2 · Status not determined · Strict liability
Where a person on whom a notice is served does not comply with it within the time limit specified in the notice, the… paragraph 6(1) of SCHEDULE 3 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

DELEGATED LEGISLATION Commons · Commons Chamber · 17 March 2010
That the draft Environmental Civil Sanctions (England) Order 2010, which was laid before this House on 5 February, be approved.— (Mr. Watts.)
Environmental Civil Sanctions (England) Order 2010 Lords · Grand Committee · 18 March 2010 · Lord Tunnicliffe
That the Grand Committee do report to the House that it has considered the Environmental Civil Sanctions (England) Order 2010. Relevant d ocument: 9th Report from the Joint Committee on Statutory Instruments.
Environmental Civil Sanctions (England) Order 2010 Lords · Grand Committee · 18 March 2010
Environmental Civil Sanctions (England) Order 2010 Lords · Lords Chamber · 23 March 2010
Environmental Protection Commons · Commons Chamber · 18 July 2023 · Dr Coffey
The purpose of these instruments is to strengthen environmental civil sanctions, so that our environmental regulators can apply an unlimited penalty to companies that break the terms of their permits and do damage to the environment. We are also making it easier for such penalties to be applied rather than having to resort exclusively to taking polluters to court for fines to be applied. Rightly, the Government care about the environment, as do the public. In January, we published our environmental improvement plan, which set out an ambitious five-year blueprint for action to make our…
Environmental Civil Sanctions (England) (Amendment) Order 2023 Lords · Grand Committee · 13 September 2023 · The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I beg to move that the Environmental Civil Sanctions (England) (Amendment) Order 2023, which was laid before this House on 12 July, be approved. In doing so, I hope that it will be useful to your Lordships if I speak also to the Environmental Permitting (England and Wales) (Amendment) (England) (No.2) Regulations 2023. The purpose of the instruments before the Committee is to strengthen environmental civil sanctions and provide environmental regulators with the tools that they need to hold operators to account. The instruments have been grouped as they form a package of amendments…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2010