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The Public Charge Point Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Public Charge Point Regulations 2023 No. 1168

Civil penalties

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11.—(1) Subject to sub-paragraph (2), where—

(a)a person does not comply with a compliance notice under paragraph 10, or

(b)the enforcement authority considers that there has been a breach of paragraph 8 by a person,

the enforcement authority may serve a notice (a “penalty notice”) on the person requiring them to pay a civil penalty.

(2) The enforcement authority may not serve a penalty notice on a person unless it has first complied with paragraphs 13 to 15.

(3) The enforcement authority may not require a person to pay a civil penalty if the authority is satisfied on the balance of probabilities that there was a reasonable excuse for the non-compliance or the breach.

(4) The enforcement authority may require a person to pay a civil penalty without first serving a compliance notice under paragraph 10 if it considers it appropriate to do so.

(5) A penalty notice must be in writing, dated and include—

(a)the reasons for imposing the civil penalty;

(b)the amount to be paid;

(c)how payment is to be made;

(d)the period within which payment must be made, which must be not less than 28 days from the date of the final decision;

(e)the rights of appeal in accordance with paragraphs 16 and 17; and

(f)the consequences of failing to comply with the notice.

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