For a printable copy of this guidance see: Regulation-19-20v3-final-1.pdf (dwi.gov.uk).
Regulation 19 (Appeals)
This Regulation provides an appeal mechanism for any relevant person(s) or any other person who is aggrieved by a notice served under regulation 18. The person may appeal to the magistrates’ court by way of a complaint within 28 days of the notice being served. The notice remains in force during the appeal (because it is still necessary to protect human health) unless it is suspended by the court. The court may either cancel the notice or confirm it with or without modifications.
Regulation 20 (Penalties)
It is an offence to breach a notice served under regulation 18 or to fail to comply with the requirements of the notice. A local authority may bring a case against any person who fails to comply with a notice and that person is liable:
- On summary conviction, to a fine or to a term of imprisonment not exceeding three months or both; or
- On conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Where a body corporate is guilty of an offence and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of:
- Any director, manager, secretary or other similar person of the body corporate; or
- Any person who was purporting to act in any such capacity.
That person, as well as the body corporate, is guilty of the offence.
PWS Regulations 2016 (as amended) v3, February 2021