Offences due to fault of others: EPA 1990 s. 158
A person whose act or default caused an offence under Parts I, II, IV, VI or s.140-142 can be charged and convicted without prosecuting the primary offender.
Where the commission by any person of an offence under Part I, II, IV, or VI, or section 140, 141 or 142 above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a person who is not the direct offender to be charged and convicted of an offence under Parts I, II, IV, VI or sections 140, 141, or 142 if the offence happened because of that person's act or default. "Act or default" means something that person did or failed to do. The phrase "first-mentioned person" is the person who actually committed the offence. The prosecution does not have to bring a case against the direct offender first; it can go straight after the person whose act or default caused the offence. The section applies only to the specific parts and sections listed, not to other environmental offences.
When it applies
- A company director orders an employee to dispose of waste in a river, and the employee does so, committing an offence under Part II. The director can be charged under s.158 even if the employee is not prosecuted.
- A subcontractor installs faulty pollution control equipment that causes a breach of an environmental permit (Part I). The subcontractor may be convicted for the offence even if the permit holder is not charged.
- A landlord fails to repair a leaking pipe, and the tenant's resulting act of dumping waste illegally (Part IV) is caused by that failure. The landlord could be prosecuted under s.158.
- A person provides false information to a company that then uses it to make an illegal deposit in the sea under section 140. The person giving the false information can be charged with that offence.
What this section does not say
- It does not apply to offences outside Parts I, II, IV, VI and sections 140-142. For example, an offence under Part III (statutory nuisance) is not covered.
- It does not require the direct offender to be convicted or even identified. Some people think the primary offender must be prosecuted first, but s.158 allows charging the secondary person alone.
- It does not create a separate defence for the direct offender. The direct offender remains liable; this section only adds an additional person who can be held responsible.
- It does not apply to civil liability or compensation claims. It only concerns criminal offences under the Environmental Protection Act 1990.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 158 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.