The Control of Trade in Endangered Species Regulations 2018

Guidance as to use of civil sanctions

27.—(1) The management authority must publish guidance about its use of civil sanctions.

(2) The management authority must revise and update the guidance where appropriate.

(3) The management authority must have regard to the guidance or revised and updated guidance in exercising its functions.

(4) In the case of guidance about compliance notices, stop notices, variable monetary penalties and non-compliance penalties, the guidance must contain information as to—

(a) the circumstances in which the civil sanction is likely to be imposed;

(b) the circumstances in which it is not likely to be imposed.

(5) In the case of guidance about variable monetary penalties and non-compliance penalties, the guidance must contain information as to—

(a) the matters likely to be taken into account by the management authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance);

(b) the rights to make representations and the rights of appeal.

(6) In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a) the circumstances in which the management authority is likely to accept an enforcement undertaking;

(b) the circumstances in which the management authority is not likely to accept an enforcement undertaking.