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The Environmental Civil Sanctions (England) (Amendment) Order 2023

Type Statutory-Instrument

Publication 2023-09-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 26th September 2023

Coming into force: 1st December 2023

In accordance with section 61(1) of the 2008 Act, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.

Citation, commencement, extent and application

1

(1) This Order may be cited as the Environmental Civil Sanctions (England) (Amendment) Order 2023 and comes into force on 1st December 2023.

(2) This Order extends to England and Wales but applies in relation to England only.

Amendments to the Environmental Civil Sanctions (England) Order 2010

2

(1) The Environmental Civil Sanctions (England) Order 2010 is amended as follows.

(2) In paragraph 1 of Schedule 2[^f00003], for sub-paragraph (5) substitute—

(5) In any event, in relation to an offence committed before 1st December 2023, the amount of a variable monetary penalty must not exceed £250,000.

Signed

Rebecca Pow — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 26th September 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157) (“the 2010 Order”), which makes provision for the Environment Agency and Natural England to employ a range of civil sanctions in dealing with environmental offences.

This Order removes the cap of £250,000 on variable monetary penalties which may be imposed by the Environment Agency or Natural England in relation to the offences listed in Schedule 5 to the 2010 Order. The removal of the cap applies in relation to offences which take place in England on or after 1st December 2023.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 2008 c. 13. Section 42 was amended by S.I. 2015/664.

[^f00002]: S.I. 2010/1157.

[^f00003]: Paragraph 1 of Schedule 2 was amended by S.I. 2015/664.

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