Moved by
Baroness Young of Old Scone
296: After Clause 123, insert the following new Clause—
“Tree preservation order: penalty for non-compliance
(1) Section 210 of TCPA 1990 (penalties for non-compliance with tree preservation order regulations) is amended as follows.
(2) In subsection (1)(b), omit “in such a manner as to be likely to destroy it”.
(3) In subsection (3), at the end insert “and the likelihood that the action will destroy a tree”.
(4) After subsection (3) insert—
“(3A) Subsections (1) to (3) do not apply in relation to Wales.”
(5) Omit subsection (4).”
Member’s explanatory statement
This amendment creates a single offence for the breach of a Tree Preservation Order to ensure all fines are commensurate with the potential profits of contravention.