SCHEDULE 5MONETARY PENALTIES
Introduction1
This Schedule applies in relation to the imposition by the Secretary of State of a monetary penalty under these Regulations.
Procedure2
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.
Appeals3
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.
Interest and recovery4
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.