SCHEDULE 4Designation of alternative arrangements etc.

Warning notices10

Before it requires the payment of a penalty by the operator under paragraph 9 the Regulator must—

a

give the operator a notice in writing (a “warning notice”);

b

give the operator at least 21 days to make representations;

c

consider any representations made; and

d

as soon as is reasonably practicable, give the operator a notice in writing stating whether or not it intends to impose the penalty, and where a penalty is to be imposed, the amount of the penalty.