ProcedureU.K.
2.—(1) Before imposing a monetary penalty under these Regulations, the Secretary of State must notify the person on whom the penalty is to be imposed of the Secretary of State's intention to do so.
(2) The notice must—
(a)specify the proposed amount of the penalty (which must not exceed £50,000),
(b)specify the Secretary of State's reasons for proposing to impose the penalty,
(c)specify the period during which the person on whom the penalty is to be imposed may make representations about the proposal (“the specified period”), and
(d)specify the way in which those representatives may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.
(4) The Secretary of State must have regard to any representations made by the person during the specified period in deciding whether to impose a monetary penalty on it.
(5) Having decided whether or not to impose a monetary penalty, the Secretary of State must notify the person of the Secretary of State's decision.
(6) Where the decision is to impose a monetary penalty, the notice must specify—
(a)the amount of the penalty, and
(b)the period within which the penalty must be paid or the periods within which different portions of the penalty must be paid.
(7) The notice must also contain information as to—
(a)the grounds for imposing the penalty,
(b)how payment may be made,
(c)rights of appeal,
(d)the period within which an appeal may be made, and
(e)the consequences of non-payment.
(8) The requirement to pay the penalty is suspended at any time when an appeal could be brought in respect of the penalty or such an appeal is pending.
(9) But sub-paragraph (8) does not prevent the requirement to pay taking effect if the person notifies the Secretary of State that it does not intend to appeal.