British Telecommunications plc v Nottinghamshire County Council [1998] EWHC Admin 989 – Ss 71 and 95 NRSWA – s 127(1) MCA.
1) whether a statutory provision creates a continuing offence depends on the language of the provision in question and on its correct construction.
2) Hodgetts is all with reference to giving notices to do or stop doing something.
3) the duty in s 71(1) NRSWA is an obligation to reinstate “properly” with no limitation of time.
- giving effect to s 95(2) NRSWA requires that there is a continuing duty.
- not analogous with a requirement to do a single act which can be regarded as a one-off - failure to reinstate in accordance with the requirements creates a continuing offence subject to prosecution unless and until the reinstatement is properly carried out.
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