Article 4
In the following table—
“FMP” is a fixed monetary penalty;
“VMP” is a variable monetary penalty;
“CN” is a compliance notice;
“RN” is a restoration notice;
“SN” is a stop notice;
“EU” is an enforcement undertaking.
| Provision creating an offence | FMP | VMP | CN | RN | SN | EU |
|---|---|---|---|---|---|---|
| Salmon and Freshwater Fisheries Act 1975(1) | ||||||
| section 2(1) | No | Yes | No | No | No | No |
| section 2(2) | No | Yes | No | No | No | No |
| section 2(4) | No | Yes | No | Yes | Yes | Yes |
| section 4(1) | No | Yes | No | Yes | Yes | Yes |
| section 5(4) | No | Yes | No | Yes | Yes | Yes |
| section 9(2) | No | Yes | No | Yes | No | Yes |
| section 12(1) | No | Yes | No | Yes | Yes | Yes |
| section 12(3) | No | Yes | No | Yes | Yes | Yes |
| section 13(2) | No | Yes | No | Yes | Yes | Yes |
| section 14(8) | No | Yes | No | Yes | Yes | Yes |
| section 15(2) | No | Yes | No | Yes | Yes | Yes |
| section 18(1) | No | Yes | No | No | No | No |
| section 27 | No | Yes | No | No | No | No |
| section 31(2) | No | Yes | No | No | No | No |
| Salmon Act 1986(2) | ||||||
| section 32 | No | Yes | No | No | No | No |
| Environmental Protection Act 1990(3) | ||||||
| section 33(6) | No | No | No | No | Yes | No |
| section 71(3) | No | Yes | No | No | No | No |
| Water Resources Act 1991(4) | ||||||
| section 24(4)(a) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 24(4)(b) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 25(2)(a) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 25(2)(b) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 25C | No | Yes | No | No | No | No |
| section 80(1) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 80(2) | Yes | Yes | Yes | Yes | Yes | Yes |
| section 161D(1) | No | Yes | No | No | No | No |
| section 199(4) | No | Yes | No | No | No | No |
| section 201(3) | No | Yes | No | No | No | No |
| section 202(4) | No | Yes | No | No | No | No |
| section 206(1) | No | Yes | No | No | No | No |
| section 206(3) | No | Yes | No | No | No | No |
| section 206(3A) | No | Yes | No | No | No | No |
| section 206(4) | No | Yes | No | No | No | No |
| Schedule 20, paragraph 7 | No | Yes | No | No | No | No |
| Water Industry Act 1991(5) | ||||||
| section 120(9) | Yes | Yes | Yes | Yes | No | Yes |
| section 130(7) | Yes | Yes | Yes | Yes | No | Yes |
| section 133(5) | No | Yes | No | Yes | No | No |
| section 135A(2)(a) | No | Yes | No | No | No | No |
| Land Drainage Act 1991(6) | ||||||
| section 53(2) | No | Yes | No | No | No | No |
| section 64(6) | No | Yes | No | No | No | No |
| section 69(4) | No | Yes | No | No | No | No |
| Environment Act 1995(7) | ||||||
| section 110(1) | No | Yes | No | No | No | No |
| section 110(2)(a) | No | Yes | No | No | No | No |
| section 110(2)(b) | No | Yes | No | No | No | No |
| section 110(2)(c) | No | Yes | No | No | No | No |
| section 110(3) | No | Yes | No | No | No | No |
| Water Act 2003(8) | ||||||
| section 4(4) | No | Yes | No | No | No | No |
1975 c. 51; section 2(1) was amended by the Marine and Coastal Access Act 2009 (c. 23), section 216(1), (2)(a) and (b); section 2(2) was amended by the Marine and Coastal Access Act 2009, section 216(1), (3)(a) and (b); section 4(1) was amended by the Marine and Coastal Access Act 2009, section 321, Schedule 22, Part 5 (B); section 14(8) was substituted by the Environment Act 1995 (c. 25), section 105, Schedule 15, paragraph 13; section 15(2) was amended by the Environment Act 1995, section 105, Schedule 15, paragraph 14(2); section 27 was amended by the Marine and Coastal Access Act 2009, section 233(1), Schedule 16, paragraphs 1 and 11.
1986 c. 62; section 32 was amended by the Marine and Coastal Access Act 2009, sections 229 and 321, Schedule 22, Part 5(B).
1990 c. 43; section 33(6) was amended by the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regulations 73, 74(2), Schedule 21, Part 1, paragraphs 2, 4(1), (5) and Schedule 23; section 71(3) was amended by the Clean Neighbourhoods and Environment Act 2005 (c. 16), section 46(2)(b) and by the Environment Act 1995, sections 112, 120, Schedule 19, paragraph 4(2) and Schedule 24.
1991 c. 57; section 25(2)(b) was amended by the Water Act 2003 (c. 37), sections 2(1), (3), 101(2) and Schedule 9, Part 1; section 25C was inserted by the Water Act 2003, section 30; section 80(1) was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 141(a); section 80(2) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 141(b) and (c); section 161D was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 162; section 199(4) was amended by the Water Act 2003, sections 8(1) and (5)(b); section 201(3) was substituted by the Water Act 2003, section 70; section 202(4) was amended by the Environment Act 1995, section 120, Schedule 22, paragraphs 128 and 172(1); section 206(1) was substituted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(2) and was amended by the Water Act 2003, section 101(1), Schedule 7, Part 1, paragraphs 1 and 11; section 206(3A) was inserted by the Environment Act 1995, section 112, Schedule 19, paragraph 5(4); Schedule 20, paragraph 7 was amended by the Environment Act 1995, section 120, Schedule 22, paragraph 188.
1991 c. 56; section 120(9) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 105(4); section 130(7) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 108(3); section 133(5) was substituted by the Environment Act 1995, section 120, Schedule 22, paragraph 111; section 135A(2)(a) was inserted by the Environment Act 1995, section 120, Schedule 22, paragraph 113.