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Article 70 Civil penalties

Original text. Later amendments are not shown.

(1)

Where the administrator is satisfied that a person is liable to a civil penalty under this Part, the administrator may serve a notice on that person (“penalty notice”).

(2)

A penalty notice must specify—

(a)

the article of and, where applicable, the provision of the Schedule to this Order that is breached; and

(b)

to whom the penalty must be paid.

(3)

A penalty notice in respect of a financial penalty must specify—

(a)

where no daily penalty applies or the total amount of the daily penalty can be determined at the date of service of the notice—

(i)

the total amount due;

(ii)

where applicable, how it has been calculated; and

(iii)

the date by which it must be paid;

(b)

where a daily penalty rate applies and the total amount of the daily penalty cannot be determined at the date of service of the notice—

(i)

the amount of the initial penalty; and

(ii)

details of the applicable daily rate.

(4)

Where a notice has been served under paragraph (3)(b) and the total amount of the daily penalty can be determined after the date of service of the notice, the administrator must serve a further notice on the person liable to the penalty which complies with paragraph (3)(a).

(5)

The administrator must remit a financial penalty received to the Secretary of State.