Paragraph 23 Non-compliance with an enforcement undertakingI1

England and Wales

(1)

If an enforcement undertaking is not complied with, the regulator may either—

(a)

serve a F1fixed monetary penalty notice, compliance notice, non-compliance penalty or stop notice; or

(b)

bring criminal proceedings.

(2)

If a person has complied partly but not fully with an enforcement undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3)

Criminal proceedings for an offence triable summarily to which an enforcement undertaking relates may be instituted at any time up to six months from the date on which the regulator notifies the person required to comply with that undertaking of that person’s failure to do so.

Annotations

Textual amendments

F1: Word in Sch. para. 23(1)(a) substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(i) (with reg. 16(a))

Commencement

I1: Sch. para. 23 in force at 9.1.2018, see reg. 1(2)