C1C2Part 3Civil sanctions
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)
Stop notices
46Stop notices
1
The provision which may be made under this section is provision conferring on a regulator the power to serve a stop notice on a person.
2
For the purposes of this Part a “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.
3
Provision under this section may only confer such a power in relation to a case falling within subsection (4) or (5).
4
A case falling within this subsection is a case where—
a
the person is carrying on the activity,
b
the regulator reasonably believes that the activity as carried on by that person is causing, or presents a significant risk of causing, serious harm to any of the matters referred to in subsection (6), and
c
the regulator reasonably believes that the activity as carried on by that person involves or is likely to involve the commission of a relevant offence by that person.
5
A case falling within this subsection is a case where the regulator reasonably believes that—
a
the person is likely to carry on the activity,
b
the activity as likely to be carried on by that person will cause, or will present a significant risk of causing, serious harm to any of the matters referred to in subsection (6), and
c
the activity as likely to be carried on by that person will involve or will be likely to involve the commission of a relevant offence by that person.
6
The matters referred to in subsections (4)(b) and (5)(b) are—
a
human health,
b
the environment (including the health of animals and plants), and
c
the financial interests of consumers.
7
The steps referred to in subsection (2) must be steps to remove or reduce the harm or risk of harm referred to in subsection (4)(b) or (5)(b).
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)