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.