The Environmental Civil Sanctions (Wales) Order 2010

Welsh Statutory Instrument 2010 No. 1821 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 14 July 2010
In force from: 15 July 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, as regulator, 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. An impact assessment has been prepared for this Order. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

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 to whom a stop notice is issued does not comply with it within the time limit specified in the notice,… paragraph 6(1) of SCHEDULE 3 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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