Power to Order Offence Remedied | EPA 1990 s. 26
Courts convicting under EPA 1990 s. 23(1)(a) or (c) can order offenders to remedy matters. s. 23 liability is suspended while the order's time limit runs.
Where a person is convicted of an offence under section 23(1)(a) or (c) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters. The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be. Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 23 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.
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
When a court convicting a person under section 23(1)(a) or (c) finds that the cause of the offence can be fixed by that person, it can order them to take specific steps to remedy the situation. This remedial order can be made in addition to any punishment or instead of a punishment, and it must set a timeframe for completion.
While the court-ordered timeframe is running, the convicted person cannot be held liable under section 23 for those specific matters continuing. This gives the offender protection against repeated prosecution while they carry out the required fixes.
If the person needs more time to carry out the court-ordered steps, they can apply to the court for an extension. Crucially, this application for extension must be made before the original or currently extended deadline expires.
When it applies
- A factory owner convicted of operating a prescribed process without authorization is ordered by a court to install required pollution abatement equipment.
- An industrial operator convicted under section 23(1)(c) applies to the court for an extension of time before their original remedial deadline expires.
- A court imposes a remedial order directing a convicted company to fix non-compliant site matters instead of imposing a fine.
What this section does not say
- Direct cleanup actions carried out directly by chief inspectors or enforcement authorities, which are governed by section 27.
- Injunctions brought in the High Court to enforce environmental compliance, covered by section 24.
- Private civil compensation claims made by neighbouring property owners for damage or nuisance.
Related sections
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This page reproduces the text of EPA 1990 s. 26 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.