SCHEDULES
SCHEDULE 1Civil sanctions
Part 1Monetary penalties
1Imposition of monetary penalties
1
The Secretary of State may impose a monetary penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 12.
2
In this Schedule “monetary penalty” means a requirement to pay to the Secretary of State a penalty of an amount determined by the Secretary of State.
3
The amount of a monetary penalty may not be more than £250,000.
2Representations and appeals etc
1
Where the Secretary of State proposes to impose a monetary penalty on a person, the Secretary of State must serve on the person a notice of what is proposed.
2
A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person’s liability for the monetary penalty by payment of a sum specified in the notice (which must be less than or equal to the amount of the penalty).
3
The person may make written representations and objections to the Secretary of State in relation to the proposed imposition of the monetary penalty.
4
After the end of the period for making such representations and objections (see paragraph 3(2)) the Secretary of State must decide whether to impose the monetary penalty.
5
The Secretary of State may not impose a monetary penalty on a person—
a
if, taking into account (in particular) any matter raised by the person, the Secretary of State is no longer satisfied as mentioned in paragraph 1(1), or
b
in prescribed circumstances.
6
A person on whom a monetary penalty is imposed may appeal against the decision to impose the penalty on the ground—
a
that the decision was based on an error of fact,
b
that the decision was wrong in law,
c
that the amount of the penalty is unreasonable, or
d
that the decision is unreasonable for any other reason,
or on any other grounds that are prescribed.
7
An appeal under sub-paragraph (6) is to the First-tier Tribunal.
3Information to be included in notices under paragraph 2
1
A notice under paragraph 2(1) must include information as to—
a
the grounds for the proposal to impose the monetary penalty;
b
the effect of payment of the sum referred to in paragraph 2(2);
c
the right to make representations and objections;
d
the circumstances in which the Secretary of State may not impose the monetary penalty.
2
Such a notice must also specify—
a
the period within which liability for the monetary penalty may be discharged, and
b
the period within which representations and objections may be made.
Neither period may be more than 28 days starting with the day on which the notice is received.
3
A notice under paragraph 2(4) must include information as to—
a
the grounds for imposing the monetary penalty;
b
how payment may be made;
c
the period within which payment is to be made;
d
any early payment discounts or late payment penalties;
e
rights of appeal;
f
the consequences of non-payment.
The period referred to in paragraph (c) must be at least 28 days.
4Monetary penalties: criminal proceedings and conviction
1
Where a notice under paragraph 2(1) is served on a person—
a
b
if the liability is so discharged, the person may not at any time be convicted of an offence under section 12 in relation to that act or omission.
2
A person on whom a monetary penalty is imposed may not at any time be convicted of an offence under section 12 in respect of the act or omission giving rise to the penalty.