SCHEDULEEnforcement

PART 2Civil sanctions

Civil penalties11

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.