SCHEDULE 2Civil sanctions

PART 5Non-compliance penalties

Non-compliance penalties23

1

If a person fails to comply with a compliance notice, stop notice, third party undertaking or enforcement undertaking, irrespective of whether a variable monetary penalty is also imposed, the management authority may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”).

2

The amount of the non-compliance penalty must be determined by the management authority as a percentage of the costs of fulfilling the remaining requirements of the notice, third party undertaking or enforcement undertaking.

3

The percentage must be determined by the management authority having regard to all the circumstances of the case and may, if appropriate, be 100%.

4

A notice served under paragraph (1) must include information as to—

a

the grounds for imposing the penalty;

b

the amount to be paid;

c

how payment may be made;

d

the period within which payment must be made, which must not be less than 28 days;

e

the rights of appeal;

f

the consequences of failure to comply with the notice;

g

any circumstances in which the management authority may reduce the amount of the penalty.

5

If the requirements of the compliance notice, stop notice, third party undertaking or enforcement undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.