4.—(1) The enforcement authority may by notice impose a fixed monetary penalty on a person in relation to an offence under section 85(1) of the Act (breach of requirement for, or conditions of, a licence).
(2) The enforcement authority must, before imposing a penalty under paragraph (1), be satisfied beyond reasonable doubt that the person has committed the offence.
(3) The amount of the fixed monetary penalty is £100 for an individual or £300 in any other case.
5.—(1) Where the enforcement authority proposes to impose a fixed monetary penalty on a person, it must serve on that person a notice of what is proposed (a “notice of intent”).
(2) The notice must offer the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of 50% of the amount of the penalty within the period of 28 days beginning with the day on which the notice of intent is received.
(3) The notice must also include information as to—
(a)the grounds for the proposal to impose the fixed monetary penalty;
(b)the amount of the proposed fixed monetary penalty;
(c)the effect of payment of the sum referred to in Article 6;
(d)the right to make representations and objections;
(e)the circumstances in which the enforcement authority may not impose the fixed monetary penalty;
(f)the period, referred to in Article 6, within which liability to the fixed monetary penalty may be discharged; and
(g)the period, referred to in Article 7(1), within which representations and objections may be made.
(4) The enforcement authority may not serve a notice of intent on a person in relation to any act or omission where—
(a)a variable monetary penalty has been imposed on that person in relation to that act or omission; or
(b)a stop notice has been served on that person in relation to that act or omission.
6. A person who receives a notice of intent may discharge liability for the fixed monetary penalty by paying to the enforcement authority 50% of the amount of the penalty within the period of 28 days beginning with the day on which the notice of intent is served.
7.—(1) A person on whom a notice of intent is served may, within the period of 28 days beginning with the day on which the notice of intent is served, make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty.
(2) This Article does not apply where a person has discharged liability under Article 6.
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.
9. A person who makes representations or objections in accordance with Article 7 may discharge liability to the fixed monetary penalty by paying to the enforcement authority 50% of the amount of the penalty within the period of 28 days beginning with the day on which the final notice is received.
10.—(1) Where no appeal is brought against the decision to impose a fixed monetary penalty, the penalty must be paid within the period of 56 days beginning with the day on which the final notice is served.
(2) If a fixed monetary penalty is not paid within the period of 56 days, the person liable to pay the fixed monetary penalty is also liable to pay to the enforcement authority a late payment penalty of 50% of the amount of the fixed monetary penalty.
(3) Where an appeal is brought but a fixed monetary penalty remains payable following that appeal, the penalty must be paid within the period of 28 days beginning with the day the appeal was determined.
(4) If a fixed monetary penalty is not paid within the period of 28 days, the person liable to pay the fixed monetary penalty is also liable to pay to the enforcement authority a late payment penalty of 50% of the amount of the fixed monetary penalty.
11.—(1) Where a notice of intent has been served on a person—
(a)no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period of 28 days beginning with the day on which the notice of intent is served; and
(b)if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice of intent relates in relation to that act or omission.
(2) Where a fixed monetary penalty is imposed on a person—
(a)that person may not at any time be convicted of the offence in relation to which the penalty was imposed in respect of the act or omission giving rise to the penalty; and
(b)the enforcement authority may not serve a compliance notice or a remediation notice on that person in respect of the act or omission giving rise to the penalty.
(3) The enforcement authority may not serve a stop notice on a person in relation to any act or omission where—
(a)a fixed monetary penalty has been imposed on that person in relation to that act or omission; or
(b)the person has discharged liability to a fixed monetary penalty in relation to that act or omission in accordance with Article 6.
12.—(1) Subject to Article 28, the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.
(2) The grounds for appeal are—
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the decision was unreasonable; and
(d)any other reason permitted by the Appeals Commission.