Information note on Regulations 21 & 22 (Wales)

For a printable copy see: Regulation-21-22-Wales-v2-final-1.pdf (dwi.gov.uk).

Regulation 21 (Appeals)

This regulation provides an appeal mechanism for any person (the relevant person(s) or any other person affected by the contents of the notice) who is aggrieved by the notice served under regulation 20. 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 the notice is suspended by the court. The court may either cancel the notice or confirm it with or without modifications.

Regulation 22 (Penalties)

It is an offence to breach a notice served under regulation 20 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 not exceeding the statutory maximum or to a term of imprisonment not exceeding three months or both, or
  • on conviction or 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 is guilty of the offence as well as the body corporate.

PWS (Wales) Regulations 2017 v.2, November 2020

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