Section 93
1(1)Before imposing a financial penalty on a person for a breach of a duty or prohibition imposed by Chapter 5 of Part 3, an enforcement authority must serve a notice on the person of its proposal to do so (a “notice of intent”).
(2)The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the person’s breach, subject to sub-paragraph (3).
(3)If the person is in breach of the duty or prohibition on that day, and the breach continues beyond the end of that day, the notice of intent may be served—
(a)at any time when the breach is continuing, or
(b)within the period of 6 months beginning with the last day on which the breach occurs.
(4)The notice of intent must set out—
(a)the amount of the proposed financial penalty,
(b)the reasons for proposing to impose the penalty, and
(c)information about the right to make representations under paragraph 2.
2A person on whom a notice of intent is served may, within the period of 28 days beginning with the day after that on which the notice was sent, make written representations to the enforcement authority about the proposal to impose a financial penalty on the person.
3(1)After the end of the period mentioned in paragraph 2 the enforcement authority must—
(a)decide whether to impose a financial penalty on the person, and
(b)if it decides to do so, decide the amount of the penalty.
(2)If the authority decides to impose a financial penalty on the person, it must serve a notice on the person (a “final notice”) imposing that penalty.
(3)The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was sent.
(4)The final notice must set out—
(a)the amount of the financial penalty,
(b)the reasons for imposing the penalty,
(c)information about how to pay the penalty,
(d)the period for payment of the penalty,
(e)information about rights of appeal, and
(f)the consequences of failure to comply with the notice.
4(1)The enforcement authority may at any time—
(a)withdraw a notice of intent or final notice, or
(b)reduce the amount specified in a notice of intent or final notice.
(2)The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person on whom the notice was served.
5(1)A person on whom a final notice is served may appeal against that notice—
(a)in England and Wales and Scotland, to the First-tier Tribunal;
(b)in Northern Ireland, to a county court.
(2)The grounds for an appeal under this paragraph are that—
(a)the decision to impose a financial penalty was based on an error of fact,
(b)the decision was wrong in law,
(c)the amount of the financial penalty is unreasonable, or
(d)the decision was unreasonable for any other reason.
(3)If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.
(4)On an appeal under this paragraph the First-tier Tribunal or the court may quash, confirm or vary the final notice.
(5)The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than £5,000.
6(1)This paragraph applies if a person does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.
(2)In England and Wales the local weights and measures authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.
(3)In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4)In Northern Ireland the Department of Enterprise, Trade and Investment may recover the penalty or part on the order of a county court as if it were payable under an order of that court.
(5)In proceedings before the court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—
(a)signed by the chief finance officer of the local weights and measures authority which imposed the penalty or (as the case may be) issued by the Department of Enterprise, Trade and Investment, and
(b)states that the amount due has not been received by a date specified in the certificate,
is conclusive evidence of that fact.
(6)A certificate to that effect and purporting to be so signed or issued is to be treated as being so signed or issued unless the contrary is proved.
(7)A local weights and measures authority may use the proceeds of a financial penalty for the purposes of any of its functions (whether or not the function is expressed to be a function of a local weights and measures authority).
(8)In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.