Paragraph 3 Imposition of monetary penaltyF1
England and Wales
If the relevant authority decides to impose a monetary penalty on the person, the relevant authority must (subject to sub-paragraphs (2) and (3)) serve on the person a notice to that effect.
A notice imposing a penalty under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements) may not be served—
more than 6 months after the relevant authority first has sufficient evidence to be satisfied on the balance of probabilities that the failure to comply occurred, or
more than 3 years after the failure to comply occurred,
(whichever is earlier).
A notice imposing a penalty under section 30ZC(2) (penalty for act or omission constituting an offence) may not be served after the end of the period within which proceedings could be brought for the offence in question (see section 29).
A notice imposing a penalty (a “penalty notice”) must—
state the reasons for imposing the penalty;
state the amount of the penalty;
state how the penalty may be paid;
state the period within which the penalty must be paid;
inform the person of the right to appeal under paragraph 6;
explain the consequences of non-payment.
The period specified under sub-paragraph (4)(d) must not be less than 28 days beginning with the day on which the penalty notice is served on the person.
The person must pay the penalty before the end of—
the period specified under sub-paragraph (4)(d), or
if an appeal is brought under paragraph 6, the period of 28 days beginning with the day on which the appeal is withdrawn or finally determined (if the penalty notice then has effect).
Where a penalty notice has been served on a person, the relevant authority may cancel or vary it by serving on the person a notice to that effect (but may not vary it so as to increase the amount of the penalty or reduce the period within which it may be paid).
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)