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Ivory Act 2018

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This is the original version (as it was originally enacted).

Representations and appeals etc

This section has no associated Explanatory Notes

2(1)Where the Secretary of State proposes to impose a monetary penalty on a person, the Secretary of State must serve on the person a notice of what is proposed.

(2)A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person’s liability for the monetary penalty by payment of a sum specified in the notice (which must be less than or equal to the amount of the penalty).

(3)The person may make written representations and objections to the Secretary of State in relation to the proposed imposition of the monetary penalty.

(4)After the end of the period for making such representations and objections (see paragraph 3(2)) the Secretary of State must decide whether to impose the monetary penalty.

(5)The Secretary of State may not impose a monetary penalty on a person—

(a)if, taking into account (in particular) any matter raised by the person, the Secretary of State is no longer satisfied as mentioned in paragraph 1(1), or

(b)in prescribed circumstances.

(6)A person on whom a monetary penalty is imposed may appeal against the decision to impose the penalty on the ground—

(a)that the decision was based on an error of fact,

(b)that the decision was wrong in law,

(c)that the amount of the penalty is unreasonable, or

(d)that the decision is unreasonable for any other reason,

or on any other grounds that are prescribed.

(7)An appeal under sub-paragraph (6) is to the First-tier Tribunal.

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