OpenLegislation

Paragraph 10 Civil penalties

Original text. Later amendments are not shown.

(1)

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.

(2)

Where the enforcement authority considers that there has been a breach of—

(a)

regulation 4; or

(b)

paragraph 8 of this Schedule 2,

the enforcement authority may require the person in breach to pay a civil penalty.

(3)

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.

(4)

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.