Civil penalties

31Imposition of civil penalties

1

This section applies where the Secretary of State is satisfied that a person (“the defaulter”) is a person who is liable under this Act to a civil penalty not exceeding a specified amount.

2

The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.

3

A notice imposing such a penalty must—

a

set out the Secretary of State’s reasons for deciding that the defaulter is liable to a penalty;

b

state the amount of the penalty that is being imposed;

c

specify a date before which the penalty must be paid to the Secretary of State;

d

describe how payment may be made;

e

explain the steps that the defaulter may take if he objects to the penalty; and

f

set out and explain the powers of the Secretary of State to enforce the penalty.

4

The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.

5

A penalty imposed in accordance with this section—

a

must be paid to the Secretary of State in a manner described in the notice imposing it; and

b

if not so paid by the specified date, is to be recoverable by him accordingly.

6

In proceedings for recovery of a penalty so imposed no question may be raised as to—

a

whether the defaulter was liable to the penalty;

b

whether the imposition of the penalty was unreasonable; or

c

the amount of the penalty.

7

Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.