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8.—(1) The enforcement authority must after the end of the period for making representations and objections decide whether to impose the fixed monetary penalty.
(2) The enforcement authority must not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed.
(3) Where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (the “final notice”) must include information as to—
(a)the grounds for imposing the penalty;
(b)the amount of the penalty;
(c)how payment may be made;
(d)the period within which payment must be made;
(e)any early payment discounts or late payment penalties;
(f)rights of appeal; and
(g)the consequences of non-payment.
(4) This Article does not apply where a person has discharged liability under Article 6.
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