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Notices under FEPA

Enforcement Notices under Section 19 (5) FEPA

1. Section 19(5) includes the power to direct someone to "leave ...... undisturbed (whether generally or in particular respects) for so long as it appears to him (the inspector) to be reasonably necessary."

2. The wording, in particular the use of the word "directing", suggests some differences from the power contained in s.20 HSWA, and when an inspector issues such a direction s/he needs to stipulate the period which is "reasonable necessary" e.g. 24 hours, 7 days or whatever interval is deemed to be appropriate on the facts of the case. This period may be extended by service of a further notice.

3. An inspector cannot make such a direction without stating the period considered to be reasonably necessary, and later withdraw the direction on completion of his/her investigation.

Enforcement Notices under Section 19 (6) FEPA

4. Section 19 (6) provides the power to serve a notice on a person ‘directing that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice ....... have been remedied’.

5. You cannot issue the equivalent of a deferred prohibition notice as under other HSW legislation.

FEPA Notice Forms

6. HSE form FEPA23 can be used for both types of notice. Part A relates to Section 19(5) and Part B to Section 19(6).

7. Inspectors delete one part dependant upon the sub-section under which the notice is being served. In the event that the circumstances warrant the service of notices under both s.19(5) and s.19(6), separate notices should be used.

Withdrawing a FEPA notice

8. The power to withdraw a FEPA enforcement notice is contained in Section 2(1) of the Pesticides Act 1998. Any authorised officer may withdraw a notice.

9. Unlike health and safety legislation there is no mechanism for appeal against a notice served under FEPA. However, the person upon whom a notice has been served has the right to seek a judicial review of the decision to serve the notice.

Updated 2009-07-07