PART 4Guidance and publication of enforcement action
Guidance as to the use of a fixed monetary penalty14.
(1)
The Department must publish guidance about its use of the fixed monetary penalty.
(2)
The guidance must contain information as to—
(a)
the circumstances in which the fixed monetary penalty is likely to be imposed;
(b)
the circumstances in which it may not be imposed;
(c)
the amount of the penalty;
(d)
how liability for the penalty may be discharged and the effect of the discharge;
(e)
right to make representations and objections; and
(f)
right of appeal.
(3)
The Department must revise the guidance where appropriate and publish any revised guidance.
(4)
The Department must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this Article.
(5)
The Department must have regard to the guidance or revised guidance in exercising its functions.
Publication of enforcement action15.
(1)
The Department must from time to time publish reports specifying—
(a)
the cases in which a fixed monetary penalty has been imposed; and
(b)
the cases in which liability to the penalty has been discharged pursuant to Article 5.
(2)
In paragraph (1) the reference to cases in which a fixed monetary penalty has been imposed does not include cases where the fixed monetary penalty has been imposed but overturned on appeal.
(3)
Paragraph (1) does not apply in cases where the Department considers that it would be inappropriate to specify the information referred to in that paragraph.