C1C6Part 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)
Guidance
C3C2C4C565Publication of enforcement action
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 provision conferring the power must, subject to this section, secure the result in subsection (2).
2
That result is that the regulator must from time to time publish reports specifying—
a
the cases in which the civil sanction has been imposed,
b
where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to section 40(2)(b), and
c
where the civil sanction is a discretionary requirement, the cases in which an undertaking referred to in section 43(5) is accepted from a person.
3
In subsection (2)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal.
4
The provision conferring the power need not secure the result in subsection (2) in cases where the relevant authority considers that it would be inappropriate to do so.
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)