The Environmental Permitting (England and Wales) Regulations 2016

[F1Variable monetary penalties: criminal proceedings and conviction E+W

This section has no associated Explanatory Memorandum

7.—(1) This paragraph applies where the Agency has, in relation to a relevant offence—

(a)imposed a variable monetary penalty on a person; or

(b)accepted a third party undertaking from a person.

(2) The person referred to in sub-paragraph (1)(a) or (b) may not at any time be convicted of an offence in relation to the same act or omission for which the variable monetary penalty was imposed or the third party undertaking accepted, except in the case referred to in sub-paragraph (3).

(3) A case is within this sub-paragraph if—

(a)no variable monetary penalty is imposed on the person;

(b)a third party undertaking is accepted from the person; and

(c)the person fails to comply with the third party undertaking.

(4) Where sub-paragraph (3) applies, summary proceedings in relation to the offence which gave rise to the third party undertaking may be instituted at any time within the period of six months beginning with the date on which the Agency notified the person of their failure to comply with the third party undertaking.]

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