UKTC Archive

RE: TPO enquiry 10 days

Subject: RE: TPO enquiry 10 days
From: Charles Bennett
Date: Dec 21 2011 13:06:05
This highlights my ignorance on how the introduction of legislation works. It 
appears that once a Bill is enacted and becomes an Act, and then receives 
Royal Ascent, only some bits are actually law. Other bits need to be brought 
into being by more legislation to enable it to become law. Enabling Acts, or 
in Regulations, or Commencement Orders. All very straight forward and simple.



Anyway, I went to the CLG website, and despite the most despicable efforts of 
the web designer to make one immediately navigate away I didn't. Despite the 
nightmare vision that smiled out at me I persisted and got an e-mail off to 
the Department. I got this nice e-mail back as to when this section of the 
Act would be commenced.


"Thank you for your query.  Section 126(3) of the Localism Act is not yet in 
force.  We are aiming to commence it on 6 April 2012, but this is not 
confirmed.  It will not be before that date."







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



-----Original Message-----
From: John Hearne [mailto:john.hearne@xxxxxxxxxxxxx.gov.uk]
Sent: 20 December 2011 15:45
To: UK Tree Care
Subject: RE: TPO enquiry 10 days



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 
enacted.







John Hearne



New Forest National Park Authority

Lymington Town Hall

Avenue Road

Lymington

SO41 9ZG

Switchboard: 01590 XXXXXX

Fax: 01590 XXXXXX

Web: www.newforestnpa.gov.uk



Email disclaimer: www.newforestnpa.gov.uk/email_disclaimer





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