SCHEDULECivil sanctions
PART 1Compliance notices
Imposition of a compliance noticeI11
1
The Secretary of State may by notice (a “compliance notice”) impose on any Union importer in relation to any conduct falling within regulation 15(a)-(g), requirements to ensure that the conduct does not continue or recur.
2
Before issuing a compliance notice under F1sub-paragraph (1), the Secretary of State must be satisfied on the balance of probabilities that a Union importer has engaged in conduct falling within regulation 15(a)-(g).
3
A compliance notice may specify the period or periods within which the requirements referred to in F2sub-paragraph (1) must be met.
4
The Secretary of State may at any time in writing—
a
withdraw a compliance notice; or
b
amend the requirements contained in a compliance notice.
Provisional noticesI22
1
Where the Secretary of State considers that it is appropriate to issue a compliance notice under paragraph 1(1), the Secretary of State must first by notice (a “provisional notice”) inform the relevant Union importer of the—
a
grounds for the proposed compliance notice;
b
requirements that the compliance notice would contain; and the
c
Union importer's right to make representations to the Secretary of State under F3sub-paragraph (2).
2
A Union importer may within 28 days beginning on the day a provisional notice issued under F4sub-paragraph (1) is served make written representations to the Secretary of State in relation to the proposed imposition of a compliance notice.
Compliance noticesI33
1
Where the Secretary of State has—
a
issued a provisional notice under paragraph 2(1); and
b
the period referred to in paragraph 2(2) has expired,
the Secretary of State may issue a compliance notice to the relevant Union importer.
2
A compliance notice issued under F5sub-paragraph (1) must inform the relevant Union importer of—
a
the Secretary of State's position in respect of any written representations made by the Union importer under paragraph 2(2);
b
the grounds for the compliance notice, which must have been contained in the provisional notice issued under paragraph 2(1);
c
the requirements of the compliance notice;
d
the period or periods within which the requirements specified in the compliance notice must be met;
e
the Union importer's right to F8apply for a review of the compliance notice under sub-paragraph (3); and
f
the consequences of failing to comply with a compliance notice.
3
A Union importer which has been issued a compliance notice under F6sub-paragraph (1) may, within 28 days beginning on the day that that compliance notice is served, apply to the Secretary of State for a review of the compliance notice on the following grounds—
a
the issuing of a compliance notice was based on a material error of fact;
b
the issuing of a compliance notice is wrong in law; or
c
the requirements that are specified in the compliance notice are unreasonable.
4
On an application for a review of the compliance notice under F7sub-paragraph (3), the Secretary of State must decide whether to vary, revoke or uphold the compliance notice.