This afternoon, ENDS heard from a senior source at the Environment Agency that the regulator will start using civil sanctions from December. This is some time after the previously expected date.
Civil sanctions give the regulator a wider range of powers to enforce the law, bypassing the courts.
As ENDS reported last week, head of serious casework Anne Brosnan told UKELA’s annual conference in June that the new powers should go live in September. But she added that this could be too early.
The reason for the delay is that the agency’s board has not yet considered guidance on the regime. This explains why it, and a response to public consultation, were not published on 21 June, as the agency’s website stated they would be.
The board is due to weigh up the guidance at its next meeting on 7 September in Cardiff. Assuming all goes well, civil sanctions could then be used 12 weeks later.