UKTC Archive

RE: TPO enquiry 10 days

Subject: RE: TPO enquiry 10 days
From: John Hearne
Date: Dec 20 2011 15:44:58
Charles wrote:
<<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.>>

I've just tried to utilise this to further a case short on time but am 
advised that although it received Royal Assent in November it has yet to be 

John Hearne

New Forest National Park Authority
Lymington Town Hall                                   
Avenue Road
SO41 9ZG
Switchboard: 01590 XXXXXX
Fax: 01590 XXXXXX

Email disclaimer:

The UK Tree Care mailing list
To unsubscribe send

The UKTC is supported by The Arbor Centre