Richard Macrory
Richard Macrory was the UK's first professor of environmental law, and is currently based in the Faculty of Laws, University College London where he founded the Centre for Law and the Environment. Professor Macrory has been a board member of the Environment Agency and was a member of the Royal Commission on Environmental Pollution 1991 ' 2003. He has also been a specialist advisor to Select Committees in both the House of Commons and the House of Lords. He is a Bencher of Grays Inn. In 2006 he was appointed by the Cabinet Office for lead a Review on Regulatory Sanctions covering nearly all areas of business regulation. All the recommendations in his Review were accepted by Government. Important new powers for regulators resulting from his Review are now contained in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1974
Membership
- UK Environmental Law Association
Education
- Oxford University
5 Contributions by Richard Macrory
PRACTICE NOTES
Appeals Against Environmental Civil Sanctions and Notices in the First-tier Tribunal (GRC): Scope, Procedure, Fast-Track Stop Notices, Costs and Upper Tribunal Appeals
The Tribunal
Established in 2010, the Tribunal sits within the General Regulatory Chamber (GRC), one of the seven Chambers of the First-tier Tribunal in England and Wales. The GRC considers a broad range of appeals arising from decisions of public bodies, covering areas such as charities, examination boards, food safety and the welfare of animals. For environmental matters, where an individual or a company disputes a civil sanction or a notice served on them, they may bring an appeal to the GRC of the Tribunal.
What the Tribunal does not handle
Criminal offences, which should ordinarily be pursued through the criminal courts.
Complaints about the regulator, which should be addressed via the regulator’s own complaints procedure, or through the Local Ombudsman; or, where the allegation concerns an unlawful decision, act or omission, by way of judicial review (see Practice Note: Judicial review—environmental matters).
Within the Tribunal, appeals are heard by specialists trained for the specific subject matter. Typically, a panel comprising a Tribunal judge and up to two expert members—each appointed by the Lord Chancellor—hears cases at venues across England, Wales and Scotland. In appropriate cases, appeals may...
Environment
PRACTICE NOTES
Appeals against environmental civil sanctions in England and Wales: First-tier Tribunal (General Regulatory Chamber) procedures, stop notices, grounds of appeal, tribunal powers, and standard of proof
The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008)
RESA 2008 gave regulators the ability to address offences through civil sanctions rather than prosecution. In 2010, the Environment Agency (EA) and Natural England (NE) received these powers for a range of environmental offences. From 2015, the regime broadened as the EA could accept enforcement undertakings for environmental permitting breaches. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England, while the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 in each sets out the sanctions available for particular offences. The EA began exercising its powers in 2011, with NE following in 2012. Since 2013, the Natural Resources Body for Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. Civil sanctions are intended to make environmental law enforcement more flexible and effective for both regulators and businesses. According to the EA, enforcement aims to ensure business and industry take appropriate steps to protect the environment, ensure compliance with regulations that prevent pollution, and deliver better outcomes for the environment, people and business...
Environment
PRACTICE NOTES
Civil sanctions: environmental stop notices—grounds, procedure, appeals, costs, compensation and offences (England and Wales)
Under the Regulatory Enforcement and Sanctions Act 2008, regulators were enabled to address offences through civil sanctions rather than prosecution. From 2010, the Environment Agency (EA) and Natural England (NE) received powers covering various environmental offences. In 2015, the regime widened as the EA gained authority to accept enforcement undertakings for environmental permitting offences.
The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157, applies in England, while the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821, applies in Wales. Schedule 5 to each instrument sets out the sanctions available for particular offences. For instance, stop notices can be used for offences under section 33(6) of the Environmental Protection Act 1990 (waste offences), but not for those under s 71(3) (information offences). The EA first exercised these powers in 2011, with NE following in 2012. Since 2013, the Natural Resources Body for Wales (NRW) has overseen the enforcement of environmental civil sanctions in Wales.
What is a stop notice?
...
Environment
PRACTICE NOTES
Environmental civil sanctions: non-compliance penalty notices in England and Wales—definition, assessment, notice contents and appeals
Regulatory Enforcement and Sanctions Act 2008 (RESA 2008)
The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) authorised regulators to handle offences using civil sanctions rather than prosecution. In 2010, the Environment Agency (EA) and Natural England (NE) were granted powers covering a range of environmental offences. In 2015, the reach of civil sanctions expanded when the EA was enabled to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England, and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both instruments sets out which sanctions are available for each offence...
Environment
PRACTICE NOTES
Variable monetary penalties for environmental offences: legal framework, calculation, procedure, appeals, enforcement costs and 2023 uncapping (England and Wales)
Regulatory Enforcement and Sanctions Act 2008
The Regulatory Enforcement and Sanctions Act 2008 introduced new powers enabling regulators to address offences using six distinct forms of civil sanction, rather than initiating formal prosecutions. From 2010, the Environment Agency (EA) and Natural England (NE) were granted these powers in relation to a range of environmental offences. In 2015 the regime widened further, with the EA authorised to accept enforcement undertakings in respect of environmental permitting offences. In England, the Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies; in Wales, the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies. Schedule 5 to each instrument specifies the sanctions available for particular offences set out in those orders. The EA commenced use of its civil sanctions powers on 4 January 2011, with NE following on 3 January 2012. Since 1 April 2013, Natural Resources Wales (NRW) has taken responsibility for enforcing environmental civil sanctions in Wales...
Environment
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