Section 105 Time limitsI1 I2

England and Wales

(1)

A person may not be charged with an offence under section 103 or 104 after the end of—

(a)

the relevant 4-year period, or

(b)

if subsection (3) applies, the extended period.

(2)

The “relevant 4-year period” means—

(a)

in the case of an offence under section 103, the period of 4 years beginning with the day on which the development was substantially completed;

(b)

in the case of an offence under section 104, the period of 4 years beginning with the later of—

(i)

the day on which the development was substantially completed, and

(ii)

the day on which the breach or failure to comply occurred.

(3)

This subsection applies if during the relevant 4-year period—

(a)

an information notice has been given under section 111, or

(b)

an injunction has been applied for under section 122.

(4)

The “extended period” means the period of 4 years beginning with—

(a)

the date on which the information notice was given, if subsection (3)(a) applies;

(b)

the date of the application for the injunction, if subsection (3)(b) applies;

(c)

the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.

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