Enforcement and Prosecution Policy

Closes 27 Sep 2021

Opened 16 Aug 2021

Overview

Our policy on Enforcement and Prosecution was approved and published in March 2013.

We recently established an internal expert group, including legal representatives, to run a review of this policy and the associated guidance.

Our revised policy and guidance do not change our approach to enforcement.  Principally, we engage with operators, individuals and businesses, to educate and enable compliance or prevent harm; to put the environment first and to integrate good environmental practices into normal working methods.

If these individuals or businesses do not comply, we normally provide advice and guidance to help them do so with agreed solutions and timescales for making any improvements. Where we suspect an offence has occurred, we apply the full range of proportionate formal enforcement powers and sanctions.

Our review of this policy and associated guidance considers legislative changes for our core purpose, our new organisational structures, clarity on the use of civil sanctions (where we have those powers) and accessibility requirements, for publishing as a series of webpages.

By using individual annexes for each sanction, it provides a clear process on how to deliver that sanction.

Following the conclusion of the public consultation exercise we will assess and publish all relevant and valid consultation responses.

Subject to approval by internal governance at Enforcement Subgroup and Regulatory Business Board, our revised Enforcement and Prosecution Policy will then be published on our website.

Draft Enforcement and Prosecution Policy

Draft Annex 1

Draft Annex 2

Draft Annex 3

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