- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Non-automatic Weighing Instruments Regulations 2016, SCHEDULE 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulations 32(4), 54(8) and 61(4)
1. This Schedule applies in relation to the imposition by the Secretary of State of a monetary penalty under these Regulations.
2.—(1) Before imposing a monetary penalty under these Regulations, the Secretary of State must notify the person on whom the penalty is to be imposed of the Secretary of State's intention to do so.
(2) The notice must—
(a)specify the proposed amount of the penalty (which must not exceed £50,000),
(b)specify the Secretary of State's reasons for proposing to impose the penalty,
(c)specify the period during which the person on whom the penalty is to be imposed may make representations about the proposal (“the specified period”), and
(d)specify the way in which those representatives may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.
(4) The Secretary of State must have regard to any representations made by the person during the specified period in deciding whether to impose a monetary penalty on it.
(5) Having decided whether or not to impose a monetary penalty, the Secretary of State must notify the person of the Secretary of State's decision.
(6) Where the decision is to impose a monetary penalty, the notice must specify—
(a)the amount of the penalty, and
(b)the period within which the penalty must be paid or the periods within which different portions of the penalty must be paid.
(7) The notice must also contain information as to—
(a)the grounds for imposing the penalty,
(b)how payment may be made,
(c)rights of appeal,
(d)the period within which an appeal may be made, and
(e)the consequences of non-payment.
(8) The requirement to pay the penalty is suspended at any time when an appeal could be brought in respect of the penalty or such an appeal is pending.
(9) But sub-paragraph (8) does not prevent the requirement to pay taking effect if the person notifies the Secretary of State that it does not intend to appeal.
3.—(1) A person on whom a monetary penalty is imposed, may appeal to the First-tier Tribunal against—
(a)a decision under these Regulations to impose a monetary penalty on the pern;
(b)a decision as to the amount of the penalty.
(2) An appeal under this paragraph may be made on the grounds—
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the decision was unreasonable.
(3) On an appeal under this paragraph the Tribunal may—
(a)withdraw the requirement to pay the penalty;
(b)confirm that requirement;
(c)vary that requirement;
(d)remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to the Secretary of State.
4.—(1) This paragraph applies if all or part of a monetary penalty imposed under these Regulations is unpaid by the time when it is required to be paid.
(2) The unpaid amount of the penalty for the time being—
(a)carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 M1, and
(b)does not also carry interest as a judgment debt under that section.
(3) The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the penalty.
(4) The Secretary of State may recover from the person on whom it is imposed, as a civil debt, the unpaid amount of the penalty and any unpaid interest.
(5) Any sums received by the Secretary of State by way of a penalty imposed under these Regulations or interest under this paragraph must be paid into the Consolidated Fund.
Marginal Citations
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: