PART 3Variable monetary penalties
Non-compliance penalties: power to impose where undertaking not complied withI118
1
This regulation applies where—
a
the Secretary of State accepts an undertaking from the person on whom the notice of intent was served; and
b
the person fails to comply with the undertaking.
2
The Secretary of State may, by notice (a “non-compliance penalty notice”) served on the person, impose a non-compliance penalty on the person.
3
A “non-compliance penalty” is a requirement to pay to the Secretary of State a penalty of an amount determined by the Secretary of State.
4
The amount of any non-compliance penalty must not exceed £50,000.
5
The non-compliance penalty notice must state the amount of the non-compliance penalty and include information as to—
a
the grounds for imposing the non-compliance penalty;
b
how payment may be made;
c
the period within which payment must be made;
d
rights of appeal; and
e
the consequences of non-payment.
6
A person on whom a non-compliance penalty notice is served must pay to the Secretary of State the amount of the non-compliance penalty within the period of 28 days beginning with the day on which the non-compliance penalty notice is received.
7
The Secretary of State may at any time withdraw a non-compliance penalty notice by giving notice in writing to the person on whom the non-compliance penalty notice was served.