Identity Cards Act 2006

31 Imposition of civil penalties

(1) This section applies where the Secretary of State is satisfied that a person (“the defaulter”) is a person who is liable under this Act to a civil penalty not exceeding a specified amount.

(2) The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.

(3) A notice imposing such a penalty must—

(a) set out the Secretary of State’s reasons for deciding that the defaulter is liable to a penalty;

(b) state the amount of the penalty that is being imposed;

(c) specify a date before which the penalty must be paid to the Secretary of State;

(d) describe how payment may be made;

(e) explain the steps that the defaulter may take if he objects to the penalty; and

(f) set out and explain the powers of the Secretary of State to enforce the penalty.

(4) The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.

(5) A penalty imposed in accordance with this section—

(a) must be paid to the Secretary of State in a manner described in the notice imposing it; and

(b) if not so paid by the specified date, is to be recoverable by him accordingly.

(6) In proceedings for recovery of a penalty so imposed no question may be raised as to—

(a) whether the defaulter was liable to the penalty;

(b) whether the imposition of the penalty was unreasonable; or

(c) the amount of the penalty.

(7) Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.