(1)If the Secretary of State is satisfied on the balance of probabilities that a person has failed to comply with a relevant duty, the Secretary of State may give a penalty notice to the person.
(2)A penalty notice is a notice under this section requiring the person to pay a penalty of a specified amount to the Secretary of State within a specified period.
(3)A person may not be given more than one penalty notice in respect of a single relevant breach.
(4)A penalty notice may not require a person to pay a penalty of an amount greater than the relevant maximum in respect of a single relevant breach.
For the relevant maximum, see section 38.
(5)A penalty notice given in respect of a relevant breach may, in addition to requiring the person to pay a penalty of a specified amount (“the fixed penalty”), require the person to pay to the Secretary of State within a specified period a further daily penalty, of a specified amount not exceeding £20,000, for each day for which the relevant breach continues after the end of the period specified for payment of the fixed penalty.
(6)The amount of each such daily penalty is to be disregarded for the purposes of subsection (4).
(7)A penalty notice may not specify a period for paying a penalty that is less than 28 days beginning with the day on which the notice is given.
(8)A penalty notice may be given to a person in respect of a relevant breach whether or not the person has been given an enforcement notice in respect of the relevant breach.
(9)Any penalty received by the Secretary of State in accordance with this section is to be paid into the Consolidated Fund.
(10)In this section—
“relevant breach” means a failure to comply with a relevant duty;
“relevant duty” means a duty imposed by or under Chapter 2;
“specified” means specified in the penalty notice.
Commencement Information
I1S. 36 not in force at Royal Assent, see s. 79
I2S. 36 in force at 29.4.2024 by S.I. 2023/469, reg. 3