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.