F1PART 6Civil penalties

Annotations:

Penalty notices14

1

Subject to regulation 15, where the F2regulator is satisfied that a person (“P”) is liable to a civil penalty under this Part the F2regulator must, serve a notice on P (a “penalty notice”).

2

The penalty notice must specify—

a

the regulation under which that liability arises;

b

the amount of the civil penalty due;

c

whether or not P may be liable to a civil penalty in accordance with regulation 16(2)(b) (an “additional daily penalty”); and

d

if P will not be liable to an additional daily penalty, the date by which the penalty for which P is liable must be paid.

3

Subject to regulation 15, where the F2regulator is satisfied that P is liable to an additional daily penalty the F2regulator must, when the amount of that additional daily penalty can be determined, serve a notice on P (an “additional penalty notice”) specifying—

a

the total amount of the civil penalties due; and

b

the date by which that amount must be paid.

4

A civil penalty imposed by a penalty notice or an additional penalty notice must be paid to the F2regulator by the date specified in the notice.

5

Any such civil penalty is recoverable by the F2regulator as a civil debt.

F36

If the regulator is the Environment Agency it must, as soon as reasonably practicable—

a

notify the Secretary of State if it serves a penalty notice under this regulation; and

b

pass to the Secretary of State any civil penalty that has been paid to it pursuant to such notice.