- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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There are currently no known outstanding effects for the The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018, Section 13.
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13.—(1) Where a person—
(a)fails to comply with a compliance notice,
(b)has obstructed an authorised officer acting pursuant to regulations 10 or 11, or
(c)has failed to comply with a requirement of an authorised officer acting pursuant to regulation 11(1)(d), 11(1)(i) or 11(2),
an enforcement authority may, by way of serving a written notice on the person, impose a requirement to pay to that enforcement authority such sum as the authority may specify in respect of that act or omission.
(2) The enforcement authority may determine—
(a)the amount payable, which must not exceed £40,000, and
(b)whether any discount is offered in relation to early payment and, if so—
(i)the amount of any discount, and
(ii)the time within which the penalty must be paid to take advantage of the discount.
(3) A notice served under paragraph (1) must contain the following—
(a)the name and address of the enforcement authority to which the penalty must be paid;
(b)the name and address of the person on whom the notice is served;
(c)the grounds for serving the notice;
(d)the amount of the penalty;
(e)the period within which the penalty must be paid, which must not expire before the period within which an appeal may be brought under regulation 15 [F1or 16 as the case may be];
(f)whether any discount is offered for early payment, and if so—
(i)the amount of the discount;
(ii)the period within which the penalty must be paid to take advantage of the discount;
(g)information as to—
(i)the rights of appeal;
(ii)the scope for suspension of a notice pending appeal;
(iii)the consequences of an appeal;
(iv)the consequences of failing to comply with the notice.
(4) Subject to regulations 15 [F2and 16], the person on whom the notice is served must comply with the notice.
(5) If the requirements of the compliance notice are met before the payment period set out in the non-compliance penalty notice expires, liability to pay the non-compliance penalty is discharged.
(6) A notice served under this regulation is referred to in these Regulations as a non-compliance penalty notice.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 13(3)(e) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(8)(a)
F2Words in reg. 13(4) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(8)(b)
13.—(1) Where a person—
(a)fails to comply with a compliance notice,
(b)has obstructed an authorised officer acting pursuant to regulations 10 or 11, or
(c)has failed to comply with a requirement of an authorised officer acting pursuant to regulation 11(1)(d), 11(1)(i) or 11(2),
an enforcement authority may, by way of serving a written notice on the person, impose a requirement to pay to that enforcement authority such sum as the authority may specify in respect of that act or omission.
(2) The enforcement authority may determine—
(a)the amount payable, which must not exceed £40,000, and
(b)whether any discount is offered in relation to early payment and, if so—
(i)the amount of any discount, and
(ii)the time within which the penalty must be paid to take advantage of the discount.
(3) A notice served under paragraph (1) must contain the following—
(a)the name and address of the enforcement authority to which the penalty must be paid;
(b)the name and address of the person on whom the notice is served;
(c)the grounds for serving the notice;
(d)the amount of the penalty;
(e)the period within which the penalty must be paid, which must not expire before the period within which an appeal may be brought under regulation F3... 17;
(f)whether any discount is offered for early payment, and if so—
(i)the amount of the discount;
(ii)the period within which the penalty must be paid to take advantage of the discount;
(g)information as to—
(i)the rights of appeal;
(ii)the scope for suspension of a notice pending appeal;
(iii)the consequences of an appeal;
(iv)the consequences of failing to comply with the notice.
(4) Subject to [F4regulation] 17, the person on whom the notice is served must comply with the notice.
(5) If the requirements of the compliance notice are met before the payment period set out in the non-compliance penalty notice expires, liability to pay the non-compliance penalty is discharged.
(6) A notice served under this regulation is referred to in these Regulations as a non-compliance penalty notice.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F3Words in reg. 13(3)(e) omitted (N.I.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(7)(a)
F4Word in reg. 13(4) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(7)(b)
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