Paragraph 2 Notice of intention to impose monetary penaltyF1

England and Wales

(1)

Before imposing a monetary penalty on a person, the relevant authority must serve on the person a notice (a “notice of intention”) stating that the relevant authority proposes to impose the penalty.

(2)

A notice of intention must—

(a)

state the reasons for the proposal to impose a penalty;

(b)

state the amount of the proposed penalty;

(c)

inform the person that the person may, before the end of the period of 28 days beginning with the day on which the notice is served on the person, make written representations to the relevant authority about the proposal.

(3)

If at any time after the notice of intention is served the relevant authority decides not to impose a monetary penalty on the person, the relevant authority must serve on the person a notice to that effect.

(4)

The relevant authority may not decide to impose a monetary penalty on the person before—

(a)

the relevant authority has considered any written representations made before the end of the period mentioned in sub-paragraph (2)(c),

(b)

the person has notified the relevant authority in writing that they do not intend to make representations, or

(c)

the period mentioned in sub-paragraph (2)(c) has ended without any written representations having been made.

Annotations

Textual amendments

F1: Sch. 1A inserted (29.4.2026 for specified purposes, 15.7.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 19(3), 78(1)(a)(5); S.I. 2026/803, reg. 3(g)