UKTC Archive

RE: TPO enquiry 10 days

Subject: RE: TPO enquiry 10 days
From: Charles Bennett
Date: Dec 19 2011 10:34:33
Pre-Localism Act when someone committed a tree offence they had to be 
prosecuted within 6 months of the date of committing the offence. Now the 
Localism Act 2011 s126(3) has changed this as below.

(3)In section 210 (penalties for non-compliance with tree preservation 
regulations) after subsection (4) insert—
“(4A)Proceedings for an offence under subsection (4) may be brought within 
the period of 6 months beginning with the date on which evidence sufficient 
in the opinion of the prosecutor to justify the proceedings came to the 
prosecutor’s knowledge.
(4B)Subsection (4A) does not authorise the commencement of proceedings for an 
offence more than 3 years after the date on which the offence was committed.

So we've moved from prosecuting within 6 months of the commissioning of the 
offence to within 6 months of getting sufficient evidence of the offence, as 
long as we do so within three years of the commissioning of the offence.

I'd thoroughly recommend Nepal, brilliant.


Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle   CA3 8QG
Direct Dial: (01228) XXXXXX
Email:  charlesb@xxxxxxxxx.gov.uk



While I've not got the slightest intention of adopting this approach any time 
soon, could you elaborate on that Charles?

Bill.

PS Trust the Kathmandu trip went well?

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