The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013

Contents of a non-compliance notice

6.—(1) A non-compliance penalty notice shall include information as to—

(a) the grounds for imposing the non-compliance penalty;

(b) the Administrator’s response to any representations and objections made by the seller, including the effect (if any) on the amount of the penalty imposed;

(c) the amount of the penalty;

(d) how payment may be made;

(e) the date by which payment shall be made;

(f) the right of appeal; and

(g) the consequences of failure to make payment by the date it is due.

(2) A non-compliance penalty shall be paid by a seller within 56 days beginning with the date of service of the non-compliance notice.

(3) But this is subject to sub-paragraph (4) and regulation 20(4) (suspension of requirements and notices pending determination of an appeal).

(4) If the requirements of the non-monetary discretionary requirement are complied with before the 56 days expire, the non-compliance penalty is not payable.

(5) A seller on whom a non-compliance penalty notice is served may appeal against it.

(6) The grounds of appeal are—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the Administrator, that the amount is unreasonable);

(d) any other reason.