OpenLegislation

Section 64 Guidance as to enforcement of relevant offencesC1C2C3C4C5

(1)

Where power is conferred on a regulator under or by virtue of this Part to impose a civil sanction in relation to an offence, the regulator must prepare and publish guidance about how the offence is enforced.

(2)

The guidance must include guidance as to—

(a)

the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

(b)

the action which the regulator may take to enforce the offence, whether by virtue of this Part or otherwise, and

(c)

the circumstances in which the regulator is likely to take any such action.

(3)

A regulator may from time to time revise guidance published by it under this section and publish the revised guidance.

(4)

The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this section.

Annotations

Modifications

C1

Ss. 63-69 applied (with modifications) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 14(4)(5)21(2)

C2

Ss. 63-69 applied (with modifications) (15.2.2011) by Waste (Wales) Measure 2010 (nawm 8), s. 10(4)(5)21(2)

C3

Ss. 63-69 modified (26.11.2018) by Space Industry Act 2018 (c. 5), ss. 59(4), 70(1); S.I. 2018/1224, reg. 2(vv)

C4

Ss. 63-70 applied (with modifications) (7.6.2023) by The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 (asc 2), ss. 17(3)(5), 22(1)

C5

Ss. 63-70 applied (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 201(3)(5), 212(2) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(c)

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)