Paragraph 15 I1

(1)

DAERA may by regulations make provision for enforcement of a requirement imposed under paragraph 10(1) or (2).

(2)

In the following provisions of this paragraph “specified” means specified in regulations under sub-paragraph (1).

(3)

In sub-paragraph (1) “enforcement” includes (in particular)—

(a)

monitoring compliance,

(b)

investigating non-compliance, and

(c)

dealing with non-compliance.

(4)

The provision that may be made by regulations under sub-paragraph (1) includes (in particular)—

(a)

provision for the imposition of monetary penalties for non-compliance with requirements, whether penalties—

(i)

of a specified amount,

(ii)

of an amount calculated in a specified manner,

(iii)

of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description, or

(iv)

by way of suspending, or withholding, payment of any amounts;

(b)

provision for recovery of amounts due in respect of monetary penalties, including provision for any of interest, set-off and security for payment;

(c)

provision about the giving of advice or warnings;

(d)

provision for the acceptance of undertakings to take, or refrain from taking, particular actions;

(e)

provision giving persons functions in connection with enforcement of requirements;

(f)

provision about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements.

(5)

In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner framed by reference to a specified matter such as a person's profits, income or turnover.

(6)

Regulations under sub-paragraph (1) are subject to affirmative resolution procedure.

Annotations

Commencement

I1: Sch. 6 para. 15 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)