PART 5Enforcement of penalty charges
Charge certificate21
1
Where—
a
an enforcement notice is served on or given to a person (“P”), and
b
the penalty charge to which it relates is not paid before the end of the relevant period,
the enforcement authority which served the notice may serve a charge certificate on P.
2
For the purposes of this regulation, the relevant period is—
a
where P—
i
makes an appeal to an adjudicator under regulation 7 of the 2022 Appeals Regulations (appeal against a decision to reject representations against an enforcement notice), but
ii
withdraws the appeal before the adjudicator serves notice of their decision,
the period of 14 days beginning with the day on which P withdraws the appeal;
b
in any other case, the period of 28 days beginning with the specified date.
3
For the purposes of paragraph (2)(b) “specified date” means—
a
where P does not make any representations under regulation 5 of the 2022 Appeals Regulations, the date on which the enforcement notice is served or given;
b
where—
i
P makes representations under regulation 5 of the 2022 Appeals Regulations,
ii
a notice of rejection is served by the authority concerned, and
iii
no appeal against the notice of rejection is made by P under regulation 7 of those Regulations,
the date on which the notice of rejection is served;
c
where an adjudicator has, under regulation 7(8) of the 2022 Appeals Regulations, recommended the enforcement authority to cancel the relevant notice, the date on which the enforcement authority notifies P under regulation 7(9) of those Regulations that it does not accept the recommendation;
d
where P has made an unsuccessful appeal to an adjudicator under the 2022 Appeals Regulations against a notice of rejection and sub-paragraph (c) does not apply, the date on which the adjudicator’s decision is served on P.