The Environmental Civil Sanctions (England) Order 2010
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The Environmental Civil Sanctions (England) Order 2010
Statutory Instruments
Environmental Protection, EnglandTribunals And Inquiries, EnglandMade26 th March 2010Coming into force6 th April 2010The Secretary of State makes this Order in exercise of the powers contained in sections 36 , 39 , 42 , 46 , 48 to 55 , 63 and 65 of the Regulatory Enforcement and Sanctions Act 2008(1).The Secretary of State has carried out consultation in accordance with section 60 of that Act.The Secretary of State is satisfied, in accordance with section 66 of that Act, that the Environment Agency and Natural England (who are the regulators for the purpose of this Order) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by this Order.In accordance with section 61(1) of that Act, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.PART 1 IntroductionCitation, application and commencement1. This Order may be cited as the Environmental Civil Sanctions (England) Order 2010; it applies in England and comes into force on 6 th April 2010.Regulators2. These are the regulators for the purposes of this Order in relation to the offences under the provisions specified in Schedule 5 which are enforced by them—(a) the Environment Agency, and (b) Natural England. PART 2 Civil sanctions, notices and undertakingsCivil sanctions, notices and undertakings3.—(1) Schedule 1 makes provision for fixed monetary penalties.(2) Schedule 2 makes provision for variable monetary penalties, compliance notices, restoration notices and third party undertakings.(3) Schedule 3 makes provision for stop notices.(4) Schedule 4 makes provision for enforcement undertakings.(5) Those terms have the meanings specified in those Schedules.Scope4. Schedule 5 sets out the provisions creating the offences to which this Order relates.Combination of penalties5.—(1) A regulator may not serve a notice of intent relating to a fixed monetary penalty if a variable monetary penalty ...See the full content of this document
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