Paragraph 2 Monetary penaltiesI1

England, Wales and Scotland Not yet in force

(1)

The appropriate national authority may issue a monetary penalty notice to a permit holder if satisfied that the permit holder has—

(a)

committed an infringement of the permit scheme, or

(b)

failed to comply with a compliance notice.

(2)

A monetary penalty notice is a notice requiring the permit holder to pay a monetary penalty, of a sum specified in the notice, to the appropriate national authority.

(3)

Sub-paragraph (4) applies in relation to a monetary penalty notice if it appears to the appropriate national authority that the failure to which the notice relates is or may be a continuing one.

(4)

The monetary penalty notice may provide for a sum specified in the notice to be added to the penalty for each day in the period—

(a)

beginning with the day after the day on which the notice is issued, and

(b)

ending with—

(i)

the day on which the failure is brought to an end, or

(ii)

such earlier day as is specified in the notice.

(5)

A monetary penalty notice must—

(a)

explain the appropriate national authority’s reasons for issuing the notice, and

(b)

specify the time by which, and manner in which, the penalty must be paid.

(6)

If a monetary penalty is not paid on time—

(a)

the penalty (or the unpaid part of it) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838;

(b)

the appropriate national authority may recover the penalty (or the unpaid part of it), with the interest, as a civil debt.

(7)

The appropriate national authority must, by regulations, provide for the determination of—

(a)

a maximum sum that may be specified under sub-paragraph (2), and

(b)

a maximum sum that may be specified under sub-paragraph (4).

(8)

Those regulations may determine the sum by reference to the turnover of the permit holder or any entities or undertakings that are connected with the permit holder in a manner specified in the regulations; and if they do so they may also make provision about—

(a)

what counts as “turnover”;

(b)

how turnover is to be calculated or assessed.

Annotations

Commencement

I1: Sch. 6 para. 2 not in force at Royal Assent, see s. 99(1)