Section 49 Stop notices: enforcement

United Kingdom

Provision under section 46 conferring power on a regulator to serve a stop notice must provide that, where a person on whom a notice is served does not comply with it, the person is guilty of an offence and liable—

(a)

on summary conviction, to ~~F1a fine not exceeding £20,000~~ a fine, or imprisonment for term not exceeding twelve months, or both, or

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

F2(1A)

In the application of this section in England and Wales, the reference in subsection (1)(a) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or to six months in relation to an offence committed before 2 May 2022).

(2)

In the application of this section—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in Northern Ireland,

the reference in subsection (1)(a) to twelve months is to be read as a reference to six months.

Annotations

Textual amendments

F1: Words in s. 49(1)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 39 (with reg. 5(1))
F2: S. 49(1A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 18(3)
F3: S. 49(2)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 18(2)

Modifications

C1: S. 49(1) modified (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 10(3)(b), 21(2)
C2: S. 49(1) modified (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), ss. 14(3), 21(2)

Notes on Part 3

Modifications

C1: Pt. 3 modified (21.1.2010) by Video Recordings Act 2010 (c. 1), s. 2(2), Sch. para. 5 (with Sch. para. 2(2)6)
C2: Pt. 3 modified (18.10.2023) by Environment (Wales) Act 2016 (anaw 3), ss. 68(1), 88(3)(b); S.I. 2023/1096, art. 2(c)