| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1157 |
This Order may be cited as the Environmental Civil Sanctions (England) Order 2010; it applies in England and comes into force on 6th April 2010.the Environment Agency, andNatural England.(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.Schedule 5 sets out the provisions creating the offences to which this Order relates.(1) A regulator may not serve a notice of intent relating to a fixed monetary penalty if a variable monetary penalty has been imposed or a compliance notice, restoration notice or stop notice has been served on that person relating to the same act or omission.a fixed monetary penalty has been imposed on that person, orthat person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.The regulator may recover any fixed monetary penalty, variable monetary penalty or non-compliance penalty on the order of a court, as if payable under a court order.(1) If a person fails to comply with a compliance notice, a restoration notice or a third party undertaking, the regulator may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in respect of the same offence irrespective of whether a variable monetary penalty was also imposed in respect of that offence.(2) The amount of the penalty must be determined by the regulator, and must be a percentage of the costs of fulfilling the remaining requirements of the notice or third party undertaking.(3) The percentage must be determined by the regulator having regard to all the circumstances of the case and may, if appropriate, be 100%.the grounds for imposing the non-compliance penalty;the amount to be paid;how payment must be made;the period in which payment must be made, which must not be less than 28 days;the right of appeal;the consequences of failure to make payment in the specified period;any circumstances in which the regulator may reduce the amount of the penalty.(5) If the requirements of the compliance notice or restoration notice are complied with or a third party undertaking is fulfilled before the time set for payment of the non-compliance penalty, the penalty is not payable.(6) The person on whom the notice imposing the non-compliance penalty is served may appeal against it.that the decision to serve the notice was based on an error of fact;that the decision was wrong in law;that the decision was unfair or unreasonable for any reasonthat the amount of the penalty was unreasonable;any other reason.(1) A regulator may serve a notice (“an enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice, compliance notice, restoration notice or stop notice has been served requiring that person to pay the costs incurred by the regulator in relation to the imposition of that notice up to the time of its imposition.investigation costs;administration costs;costs of obtaining expert advice (including legal advice) .how payment must be made;the amount required to be paid and the period in which payment must be made, which must not be less than 28 days;the grounds for imposing the notice;the right of appeal; andthe consequences of failure to comply with the notice in the specified period.(4) The person on whom the notice is served may require the regulator to provide a detailed breakdown of the amount.(5) The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred.against the decision of the regulator to impose the requirement to pay costs;against the decision of the regulator as to the amount of those costs; orfor any other reason.withdraw a fixed monetary penalty notice;withdraw a variable monetary penalty notice, a non-compliance penalty notice or an enforcement cost recovery notice or reduce the amount specified in the notice;withdraw a compliance notice, restoration notice or stop notice or amend the steps so as to reduce the amount of work necessary to comply with the notice.(1) An appeal under this Order is to the First-tier Tribunal.(2) In any appeal (except in relation to a stop notice) where the commission of an offence is an issue requiring determination, the regulator must prove that offence according to the same burden and standard of proof as in a criminal prosecution.(3) In any other case the tribunal must determine the standard of proof.(4) All notices (other than stop notices) are suspended pending appeal.(5) The Tribunal may suspend or vary a stop notice.withdraw the requirement or notice;confirm the requirement or notice;vary the requirement or notice;take such steps as the regulator could take in relation to the act or omission giving rise to the requirement or notice;remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the regulator.the regulator must publish guidance about its use of the sanction;in the case of guidance relating to a fixed monetary penalty, variable monetary penalty, compliance notice, restoration notice or stop notice, the guidance must contain the relevant information;the regulator must revise the guidance where appropriate;the regulator must have regard
