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.