Notices and representationsE+W+N.I.
3(1)Where an enforcement authority proposes to impose a monetary penalty on a person the authority must give the person a notice of what is proposed (an “initial penalty notice”).
(2)An initial penalty notice must offer the person the opportunity to avoid liability in relation to a monetary penalty by payment of a sum specified in the notice (which must be less than or equal to the amount of the proposed penalty).
(3)The person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the monetary penalty within the period of 28 days beginning with the day on which the initial penalty notice is given.
(4)After the end of the period mentioned in sub-paragraph (3) the enforcement authority must decide whether to give the person a notice imposing a monetary penalty (a “final penalty notice”).
(5)The enforcement authority may not give a person a final penalty notice if the authority is no longer satisfied as mentioned in paragraph 2(1).
(6)The penalty specified in the final penalty notice may be—
(a)a penalty of the amount proposed in the initial penalty notice, or
(b)a penalty of a smaller amount.
(7)An initial or final penalty notice may be withdrawn at any time by the enforcement authority that issued it.
Commencement Information
I1Sch. para. 3 in force at 18.11.2023, see s. 7(2)