Regulatory Enforcement and Sanctions Act 2008
What this means for your business
- Enforced by
- Mining Remediation Authority, National Highways, Natural England, NIEA, NRW, SEPA
- Applies to
- United Kingdom
- On this page
- 2 compliance obligations, 1 practical guide
What you must do
2 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 1
Comply with stop notice procedures and obtain completion certificate
If a regulator serves your business with a stop notice, you must carry out the steps set out in the notice, you can appeal the decision, and once you have complied you should apply for a completion certificate. The regulator must decide on your certificate application within 14 days.
Offences and prohibitions 1
Fail to comply with a stop notice
2 years imprisonmentIf a regulator serves you a stop notice under section 46 and you do not obey it, you commit a criminal offence. On conviction you can be fined – up to £20,000 on a summary case and an unlimited fine on indictment – and/or sent to prison (up to 12 months in a magistrates’ court or up to 2 years in the Crown Court).
Penalties for non-compliance
1 penalty under this legislation. 1 can result in imprisonment. 1 carry an unlimited fine.
Fail to comply with a stop notice
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
112 classified provisions from this legislation.
Duties 13
- s.6 Guidance to local authorities guidance given
- s.11 Enforcement priorities
- s.12 Relationship with other regulators other as
- s.23D Membership of a regulated group
- s.26B Effect of inspection plans
- s.30A Guidance and directions guidance given
- s.47 Stop notices: procedure the stop notice
- s.48 Stop notices: compensation
- s.58 Consultation and consent: Scotland
- s.59 Consultation and consent: Wales
- s.63 Guidance as to use of civil sanctions
- s.65 Publication of enforcement action
- s.66 Compliance with regulatory principles
Offences and penalties 8
- s.39 Fixed monetary penalties
- s.40 Fixed monetary penalties: procedure
- s.41 Fixed monetary penalties: criminal proceedings and conviction
- s.42 Discretionary requirements
- s.49 Stop notices: enforcement
- s.52 Monetary penalties
- s.64 Guidance as to enforcement of relevant offences
- s.69 Payment of penalties into Consolidated Fund etc
Powers 32
- s.4 “Relevant function”
- s.10 Advice to Welsh Ministers
- s.16 Guidance or directions by Welsh Ministers
- s.18 Power to dissolve LBRO
- s.19 Dissolution of LBRO: tax
- s.22 Scope of Part 2
- s.23A Primary authorities for regulated persons and regulated groups
- s.23B Nomination of primary authorities
- s.23C “Co-ordinator” of a regulated group
- s.24A Primary authority advice and guidance
- s.25A “Enforcement action”
- s.25 Primary authorities
- s.26 Nomination of primary authorities
- s.26A Inspection plans
- s.27A Power to charge
- s.27 Advice and guidance
- s.28 Enforcement action
- s.28A Support of primary authority by other regulators
- s.30B Periods of time under Part 2
- s.31 Power to charge
- ... and 12 more powers
Definitions 17
- s.3 “Local authority”
- s.21 Interpretation of Part 1 local authority relevant function
- s.22C “Relevant function”
- s.22B “Qualifying regulator” qualifying regulator local authority specified regulator
- s.23 “Local authority” local authority
- s.24 “Relevant function”
- s.26C Revocation and revision of inspection plans
- s.28B Other regulators to act consistently with primary authority advice etc primary authority advice and guidance
- s.30D Interpretation of Part 2 complementary regulator primary authority supporting regulator
- s.30 Inspection plans working day
- s.35 Interpretation of Part 2 enforcement action local authority the regulated person
- s.37 “Regulator” regulator
- s.38 “Relevant offence”
- s.71 Interpretation of Part 3 civil sanction prescribed relevant authority
- s.73 Functions to which section 72 applies
- s.74 General interpretation
- Schedule 3 Enactments specified for the purposes of Part 1
Exemptions 9
- s.25C Enforcement action other than by primary authority
- s.25D Enforcement action: exceptions
- s.25B Enforcement action by primary authority
- s.29B Concurrent duties to notify primary authorities of enforcement action
- s.29D Overlapping inspection plans
- s.29 Enforcement action: exclusions
- s.56 Excluded provision: Scotland
- s.57 Excluded provision: Northern Ireland
- Schedule 4A References to the Secretary of State