University College London
3 Experts
6 Contributions by University College London Experts
PRACTICE NOTES
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
Environment
PRACTICE NOTES
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
Environment
PRACTICE NOTES
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
Environment
PRACTICE NOTES
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
What is insurable interest?
This Practice Note examines insurable interest, including its role in construction and liability insurance. It also addresses insurable interest in subrogation, co-insurance and double insurance, and the Insurable Interest Bill.
It is a doctrine of insurance contract law that requires the insured to have a legally recognised relationship with the insured subject-matter. Broadly, only those who have some connection to the subject-matter of the insurance contract, by which they would be prejudiced by its loss, or may incur liability in respect of it, can insure that subject-matter. Conversely, a person who lacks such a relationship has no insurable interest and therefore cannot take out insurance on that subject-matter. The burden lies on the insured to establish that an insurable interest exists.
The rationales for requiring an insurable interest are that:
it is the characteristic of an insurable interest that
Insurance & Reinsurance
PRACTICE NOTES
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
Environment
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