Schedules

Schedule 7Further provision about civil sanctions under Part 4

Guidance as to use of civil sanctions

I1I29

1

Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).

2

Those results are that—

a

the enforcement authority must publish guidance about its use of the sanction,

b

in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,

c

the enforcement authority must revise the guidance where appropriate,

d

the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

e

the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.

3

In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

a

the circumstances in which the penalty is likely to be imposed,

b

the circumstances in which it may not be imposed,

c

the amount of the penalty,

d

how liability for the penalty may be discharged and the effect of discharge, and

e

rights to make representations and objections and rights of appeal.

4

In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

a

the circumstances in which the penalty is likely to be imposed,

b

the circumstances in which it may not be imposed,

c

the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and

d

rights to make representations and objections and rights of appeal.