- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
7(1)Section 35 (notification and objection) shall be amended as follows.
(2)In subsection (2)(d)(i) for “must” substitute “may”.
(3)For subsections (3) to (8) substitute—
“(3)Subsection (4) applies where a person to whom a penalty notice is issued objects on the ground that—
(a)he is not liable to the imposition of a penalty, or
(b)the amount of the penalty is too high.
(4)The person may give a notice of objection to the Secretary of State.
(5)A notice of objection must—
(a)be in writing,
(b)give the objector’s reasons, and
(c)be given before the end of such period as may be prescribed.
(6)Where the Secretary of State receives a notice of objection to a penalty in accordance with this section he shall consider it and—
(a)cancel the penalty,
(b)reduce the penalty,
(c)increase the penalty, or
(d)determine to take no action under paragraphs (a) to (c).
(7)Where the Secretary of State considers a notice of objection under subsection (6) he shall—
(a)inform the objector of his decision before the end of such period as may be prescribed or such longer period as he may agree with the objector,
(b)if he increases the penalty, issue a new penalty notice under subsection (1), and
(c)if he reduces the penalty, notify the objector of the reduced amount.”
(4)In subsection (9)—
(a)for the first “served” substitute “issued”, and
(b)for “served on” substitute “issued to”.
(5)At the end add—
“(11)In proceedings for enforcement of a penalty under subsection (10) no question may be raised as to—
(a)liability to the imposition of the penalty, or
(b)its amount.
(12)A document which is to be issued to or served on a person outside the United Kingdom for the purpose of subsection (1) or (7) or in the course of proceedings under subsection (10) may be issued or served—
(a)in person,
(b)by post,
(c)by facsimile transmission, or
(d)in another prescribed manner.
(13)The Secretary of State may by regulations provide that a document issued or served in a manner listed in subsection (12) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: