Regulation 5 Enforcement action

(1)

In accordance with section 25A(2)(a) of the Act, and subject to paragraph (2), each of the following actions is to be regarded as enforcement action for the purposes of Part 2 of the Act—

(a)

the service of any of the following by an enforcing authority under a relevant enactment—

(i)

an abatement notice,

(ii)

an alterations notice,

(iii)

a compliance notice,

(iv)

a demolition order,

(v)

a detention notice,

(vi)

an enforcement notice,

(vii)

a fixed monetary penalty,

(viii)

a hazard awareness notice,

(ix)

an improvement notice,

(x)

a premises order,

(xi)

a prohibition notice (including an emergency prohibition notice),

(xii)

a prohibition order,

(xiii)

a remedial action notice (including an emergency remedial action notice),

(xiv)

a request to fulfil a discretionary requirement,

(xv)

a stop notice,

(xvi)

a suspension notice, or

(xvii)

any other notice or order;

(b)

the determination of an application under section 61 of the Control of Pollution Act 1974^f1;

(c)

certificates issued under regulation 29 of the Food Safety and Hygiene (England) Regulations 2013^f2;

(d)

certificates issued under regulation 27 of the Food Hygiene (Wales) Regulations 2006^f3;

(e)

the reference of any matter to a prosecuting authority other than a local authority with a view to the prosecuting authority considering the commencement of proceedings in relation to the matter;

(f)

the commencement of proceedings in a court of law, or a tribunal created under an enactment;

(g)

the imposition of any sanction (whether civil or criminal) in respect of any act or omission;

(h)

the administering of a simple caution;

(i)

the acceptance by the enforcing authority of any undertaking (under an enactment or otherwise) in respect of an act or omission.

(2)

In accordance with section 25A(2)(b) of the Act, the following action is not to be regarded as enforcement action for the purposes of Part 2 of the Act—

(a)

action within the scope of section 25A(1) of the Act not specified in paragraph (1);

(b)

action taken by an enforcing authority pursuant to or in connection with the exercise of functions under—

(i)

the Licensing Act 2003^f4 (except action taken under sections 146, 147, 147A and 151 of that Act), or

(ii)

the Gambling Act 2005^f5 (except action taken under Part 4 of that Act).

Annotations

Footnotes

f1: 1974 c.40; section 61 was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c.55), section 120 of, and Schedule 24 to, the Environment Act 1995 (c.25); and as regards Scotland it was amended by section 58 of, and Schedule 6 to, the Building (Scotland) Act 2003 (asp 8), and section 162(1) of, and paragraph 15(3) of Schedule 15 to, the Environmental Protection Act 1990 (c.43).
f2: S.I. 2013/2996.
f3: S.I. 2006/31 (W.5).
f4: 2003 c.17; section 147A was inserted by section 23(1) and section 23(4) of the Violent Crime Reduction Act 2006 (c.38) and amended by section 28 of the Policing and Crime Act 2006 (c. 26), by section 67(8)(a) of the Deregulation Act 2015 (c.20), and by sections 218(1), (2) and (4) of the Police Reform and Social Responsibility Act 2011 (c.13). Section 147A(4)(c) was inserted by section 67(8)(b) of the Deregulation Act 2015 (c.20).
f5: 2005 c.19.