The Offshore Environmental Civil Sanctions Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/800 |
| Year | 2018 |
(1) These Regulations may be cited as the Offshore Environmental Civil Sanctions Regulations 2018.(2) These Regulations come into force on 1st October 2018.In these Regulations— The power to impose fixed and variable monetary penalties under these Regulations may be exercised only in relation to acts or omissions occurring on or after 1st November 2018. (1) If the Secretary of State is satisfied beyond reasonable doubt that a person has committed a FMP offence, the Secretary of State may, in accordance with this Part, impose a fixed monetary penalty on the person in relation to the offence.the offence is contained in a provision specified in column 1 of any of the tables in the Schedule; and“Yes” is set out in the corresponding entry in column 2 of that table.(3) A “fixed monetary penalty”, in relation to a FMP offence, is a requirement to pay to the Secretary of State a penalty of the amount set out in the corresponding entry in column 3 of that table.(1) This regulation applies where the Secretary of State proposes to impose a fixed monetary penalty on a person in relation to an act or omission constituting a FMP offence.(2) Before imposing a fixed monetary penalty, the Secretary of State must first serve on the person a notice of what is proposed (a “notice of intent”) that complies with regulation 6.the Secretary of State has previously imposed a fixed or variable monetary penalty on the person in relation to an offence constituted by the act or omission;the person has discharged liability to a fixed monetary penalty in relation to an offence constituted by the act or omission under regulation 5(4) ;the act or omission constituted a breach of a term or condition of a relevant permit and the permit has been revoked because of the breach; orcriminal proceedings have been instituted in relation to an offence constituted by the act or omission.(4) The person on whom the notice of intent is served may discharge the person's liability for the fixed monetary penalty by paying two-thirds of the amount of the fixed monetary penalty to the Secretary of State within the period of 28 days beginning with the day on which the notice of intent is received.(5) The person on whom the notice of intent is served may make written representations and objections to the Secretary of State in relation to the proposed imposition of the fixed monetary penalty within the period of 28 days beginning with the day on which the notice of intent is received.include information as to the grounds for the proposal to impose the fixed monetary penalty (including details of the act or omission referred to in regulation 5(1) ) ; state the amount of the fixed monetary penalty; state that the person on whom the notice of intent is served may discharge the liability in accordance with regulation 5(4) within the period referred to in that paragraph and include information as to how payment may be made; state that the person on whom the notice of intent is served has the right to make written representations and objections to the Secretary of State in relation to the proposed imposition of the fixed monetary penalty within the period referred to in regulation 5(5) and include information about how representations and objections may be made; and include information as to the circumstances in which the Secretary of State may not impose the fixed monetary penalty. (1) This regulation applies where the person on whom the notice of intent was served does not discharge the person's liability for the fixed monetary penalty in accordance with regulation 5(4) .consider any representations and objections made by the person; anddecide whether or not to impose the fixed monetary penalty.(3) The Secretary of State may not impose a fixed monetary penalty on a person in relation to a FMP offence if the Secretary of State is satisfied that the person would not, by reason of any defence raised by the person, be liable to be convicted of the offence.(4) If the Secretary of State decides not to impose the fixed monetary penalty, the Secretary of State must give notice in writing to the person on whom the notice of intent was served.(5) If the Secretary of State decides to impose the fixed monetary penalty, the Secretary of State must serve on the person on whom the notice of intent was served a notice (a “final notice”) that complies with regulation 8.(6) A person on whom a final notice is served must pay to the Secretary of State the amount of the fixed monetary penalty within the period of 28 days beginning with the day on which the final notice is received.(7) The Secretary of State may at any time withdraw a final notice by giving notice in writing to the person on whom the final notice was served.the grounds for imposing the fixed monetary penalty; how payment may be made; the period within which payment must be made; rights of appeal; and the consequences of non-payment.
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