Section 205C Sections 205A and 205B: enforcement and sanctionsF1

The duties of a relevant undertaker under sections 205A(1) and 205B(1) are enforceable by the appropriate agency.

If a relevant undertaker fails to comply with its duty under section 205A(1) or 205B(1)—

It is a defence for the chief executive to prove that they took all reasonable steps to avoid the failure.

A person who commits an offence under this section is liable, on summary conviction or conviction on indictment, to a fine.

An offence under this section is to be treated as a relevant offence in relation to the appropriate agency for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions).

Where, in deciding how to exercise its functions in relation to a relevant undertaker, the appropriate agency has regard to the record of the undertaker in complying with its legal obligations concerning pollution, it must also have regard to the record of the undertaker in implementing measures set out in its pollution incident reduction plans.

In this section, “appropriate agency” and “chief executive” have the meanings given by section 205A(10).