Regulation 96 Publication of enforcement action in public register

(1)

NRW must maintain a register (the “public register”) containing information relating to any enforcement action taken.

(2)

The public register must contain details of—

(a)

any conviction for an offence under regulation 88, 89 or 90,

(b)

any civil sanction imposed under regulation 92 provided that—

(i)

the time for lodging an appeal in respect of the civil sanction has expired, or

(ii)

any appeal in relation to the civil sanction has been finally disposed of,

(c)

any enforcement undertaking accepted under Part 6 of Schedule 6, and

(d)

any enforcement cost recovery notice served under regulation 93.

(3)

Information relating to civil sanctions must be removed from the public register no later than 4 years after the day on which it was entered on the register.

(4)

A public register must not contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(5)

In paragraph (4), “criminal proceedings” includes prospective criminal proceedings.

(6)

NRW must enter information under paragraph (2) onto the public register as soon as reasonably practicable after it comes into NRW’s possession.

(7)

NRW must—

(a)

make the public register available for inspection by members of the public at all reasonable times, free of charge, and

(b)

permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge.

(8)

The public register may be kept in any form but must be indexed or arranged so that members of the public can readily trace information contained in it.