Power of court to order cause of offence to be remediedU.K.
13(1)This paragraph applies where—U.K.
(a)a person (“P”) is convicted of an offence, and
(b)it appears to the court that the matters in respect of which P is convicted are matters that are within P's power to remedy.
(2)The court may (in addition to, or instead of, imposing any punishment) order P to take such steps as the order may specify for the purpose of remedying those matters.
(3)The steps are to be taken within such time as may be fixed by the order (“the remedial period”).
(4)The court may extend or further extend the remedial period on an application.
(5)An application under sub-paragraph (4) must be made—
(a)before the end of the remedial period, or
(b)before the end of that period as extended on a previous application.
(6)Where P is ordered to remedy any matters by an order under this paragraph—
(a)it is an offence for P to fail to comply with the order, but
(b)P is not liable under any relevant provision in respect of those matters to the extent that they continue during—
(i)the remedial period, or
(ii)any extension of that period granted under sub-paragraph (4).
(7)A person who commits an offence under this paragraph is liable—
(a)on summary conviction—
(i)to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
(ii)to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or
(iii)to both;
(b)on conviction on indictment—
(i)to imprisonment for a term not exceeding 2 years,
(ii)to a fine, or
(iii)to both.
[F1(8)In the application of this paragraph in England and Wales, the reference in sub-paragraph (7)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]
Textual Amendments
F1Sch. 10 para. 13(8) substituted (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), 26(8)
Modifications etc. (not altering text)
C1Sch. 10 excluded (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 4 (with Sch. 4)
C2Sch. 10 para. 13(6) modified (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(4)Sch. 1 para. 5(5)(e) (with Sch. 1 paras. 6, 4)
Commencement Information
I1Sch. 10 para. 13 in force at 1.4.2014 by S.I. 2014/251, art. 4