Limitation to type and amount of penalties previously proposed
This section has no associated Explanatory Notes
3(1)A confirmation decision or penalty notice may not impose a penalty of a different kind, of a greater amount or (in the case of a penalty calculated by reference to a daily rate) payable over a longer period than that proposed in the earlier notice in relation to the same matter.
(2)Sub-paragraph (1) applies in a case where a provisional notice of contravention and confirmation decision in relation to the same matter are both given jointly (in accordance with Schedule 15) to the same entities, but does not otherwise apply in relation to a penalty for which two or more entities are jointly and severally liable.
(3)In this paragraph “penalty notice” means a penalty notice under section 139, 140(5) or 141(6).