Enterprise Act 2002

Changes over time for: Section 112

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112 Penalties: main procedural requirementsU.K.

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[F1(A1)Before the appropriate authority imposes a penalty under section 110(1) or (1A), the authority must give the person concerned a provisional penalty notice.

(A2)A provisional penalty notice must—

(a)contain a draft of the final penalty notice the appropriate authority is minded to give to the person under subsection (1),

(b)invite the making of representations by the person to the authority about the proposed final penalty notice, and

(c)specify the means by which, and the time by which, such representations must be made.

(A3)The appropriate authority must have regard to any representations received in accordance with a provisional penalty notice before imposing a penalty under section 110(1) or (1A) (and accordingly may not impose such a penalty before the time for the person concerned to make representations to the authority in accordance with that notice has expired).]

(1)As soon as practicable after imposing a penalty under section 110(1) or [F2(1A)], [F3the appropriate authority must give the person concerned a final penalty notice].

(2)The [F4final penalty] notice shall state—

(a)that [F5the appropriate authority] has imposed a penalty on the person concerned;

(b)whether the penalty is of a fixed amount, of an amount calculated by reference to a daily rate or of both a fixed amount and an amount calculated by reference to a daily rate;

(c)the amount or amounts concerned and, in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate;

(d)the [F6act or omission in question which the appropriate authority] considers gave it the power to impose the penalty;

(e)any other facts which [F7the appropriate authority] considers justify the imposition of a penalty and the amount or amounts of the penalty;

(f)the manner in which, and place at which, the penalty is required to be paid to [F8the appropriate authority];

(g)the date or dates, no earlier than the end of the relevant period beginning with the date of service of the notice on the person concerned, by which the penalty or (as the case may be) different portions of it are required to be paid;

(h)that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; and

(i)that the person concerned has the right to apply under subsection (3) below or to appeal under section 114 and the main details of those rights.

(3)The person against whom the penalty was imposed may, within 14 days of the date of service on him of a notice under subsection (1), apply to [F9the appropriate authority] for it to specify a different date or (as the case may be) different dates by which the penalty or (as the case may be) different portions of it are to be paid.

[F10(3A)A provisional penalty notice is given by serving a copy of the notice on the person on whom the appropriate authority is minded to impose the penalty.]

(4)A [F11final penalty notice] shall be given by—

(a)serving a copy of the notice on the person on whom the penalty was imposed; and

(b)publishing the notice.

(5)In this section “relevant period” means the period of 28 days mentioned in subsection (3) of section 114 or, if another period is specified by the Secretary of State under that subsection, that period.

Textual Amendments

F1Ss. 112(A1)-(A3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 18(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 14(1)(2), 20)