PART 6Enforcement
Penalty charge notices – failure to provide action plan22
1
An enforcement authority may, if it believes that a person has breached any duty under regulation 5(1)(a) or (2), give a penalty charge notice to that person.
2
A penalty charge notice may not be given to a person under paragraph (1)—
a
in respect of a breach of the duty under regulation 5(1)(a), unless that person has failed to make an action plan available to a prospective buyer or tenant within a period of 9 days after a request for such an action plan was made to that person; or
b
after the end of the period of 6 months beginning with the day on which it appeared to the enforcement authority that the duty under regulation 5(1)(a) or (2), as the case may be, was breached.
3
A penalty charge notice must—
a
be in writing;
b
state the enforcement authority’s belief that a breach of regulation 5(1)(a) or (2), as the case may be, has occurred;
c
give such particulars of the circumstances as may be necessary to give reasonable notice of the breach;
d
require the person to whom the notice is given, within the period specified in the notice—
i
to pay the penalty charge specified in the notice; or
ii
to give notice to the enforcement authority requesting the authority to review the notice;
e
state the effect of regulation 27(3);
f
specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
g
state that there is a right to request a review of the notice and how and by what date a request for such a review is to be made.
4
The amount payable as the penalty charge is £1000.
5
The period specified under paragraph (3)(d) must not be less than 28 days beginning with the day after that on which the penalty charge notice is given.
6
The enforcement authority may, if it considers that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
7
The enforcement authority must withdraw a penalty charge notice where regulation 23 applies.
8
Any sum received by a local authority under this regulation shall accrue to that authority.