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.