University College London

This Practice Note explains the procedure for appealing to the First-tier Tribunal (General Regulatory Chamber) (FTT) against an environmental civil sanction imposed under the Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 or the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821. It explains which civil sanctions can be appealed, how to commence an appeal, the grounds of appeal and the special procedure for appealing stop notices.

This Practice Note outlines penalties for breach of a civil sanction notice under the Regulatory Enforcement and Sanctions Act 2008.

This Practice Note outlines stop notices, a type of civil sanction, under the Regulatory Enforcement and Sanctions Act 2008 (RESA 2008). It explains the purpose and scope of a stop notice, and looks at stop notice procedure by considering the grounds for service, required content of a stop notice, compliance certificates, enforcement costs recovery notices and compensation orders which can be made, as well as the implications of failing to comply with the requirements of a stop notice.

This Practice Note outlines variable monetary penalties (VMP), a type of civil sanction, under the Regulatory Enforcement and Sanctions Act 2008 (RESA 2008), which can be used instead of prosecution. This Practice Note considers the standard of proof required before imposing a VMP, whether any maximum VMP cap applies, how VMPs are calculated, the procedure for imposing a VMPs, such as service of a notice of intent, the recipient’s right to make representations and objections, use of third party undertakings, final notice, appeals, relief against criminal conviction, enforcement costs recovery notices and information on what the income from VMPs is used for.

This Practice Note details the appeals process against civil sanctions or notices following environmental enforcement in England, Wales and Scotland in the First-tier Tribunal (Environment). It deals with what can be appealed, fast tracking stop notice appeals, procedure before the hearing, the hearing itself, the decision and appealing the decision.