Paragraph 10 Civil penalties
Where a person does not comply with a compliance notice served under paragraph 9, the enforcement authority may require that person to pay a civil penalty.
Where the enforcement authority considers that there has been a breach of—
regulation 4; or
paragraph 8 of this Schedule 2,
the enforcement authority may require the person in breach to pay a civil penalty.
The enforcement authority may not require a person to pay a civil penalty pursuant to sub-paragraph (1) or (2) if the authority is satisfied on the balance of probabilities that there was a reasonable excuse for the non-compliance or the breach.
The enforcement authority may require a person to pay a civil penalty pursuant to paragraph (2)(a) without first serving a compliance notice under paragraph 9 if it considers it appropriate to do so.