Schedule 22, paragraph 29(26)

After that section there shall be inserted— If SEPA is of the opinion that the holder of a relevant consent is contravening any condition of the consent, or is likely to contravene any such condition, it may serve on him a notice (an “enforcement notice”). An enforcement notice shall— state that SEPA is of the said opinion; specify the matters constituting the contravention or the matters making it likely that the contravention will arise; specify the steps that must be taken to remedy the contravention or, as the case may be, to remedy the matters making it likely that the contravention will arise; and specify the period within which those steps must be taken. Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable— on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both; on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. If SEPA is of the opinion that proceedings for an offence under subsection (3) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice. The Secretary of State may, if he thinks fit in relation to any person, give to SEPA directions as to whether it should exercise its powers under this section and as to the steps which must be taken. In this section— “relevant consent” means a consent for the purposes of section 30J(7)(a), 34 or 49(1) of this Act; and “the holder”, in relation to a relevant consent, is the person who has the consent in question. A person upon whom an enforcement notice has been served under section 49A of this Act may appeal to the Secretary of State. This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc.). An appeal under this section shall, if and to the extent a requirement to do so is prescribed, be advertised in the manner prescribed. If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private). On the determination of an appeal under this section, the Secretary of State may either quash or affirm the enforcement notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit. The bringing of an appeal under this section shall not have the effect of suspending the operation of the notice appealed against. The period within which and the manner in which appeals under this section are to be brought and the manner in which they are to be considered shall be as prescribed.

← 25 · All articles · 27 →

Source: legislation.gov.uk · retrieved 2026-07-30