Regulation 13 Guidance

(1)

Each regulator must publish guidance about its use of civil sanctions under these Regulations in relation to an offence under Part 2.

(2)

In the case of guidance relating to a fixed monetary penalty, compliance notice or stop notice, the guidance must contain the relevant information set out in paragraph (3).

(3)

The relevant information referred to in paragraph (2) is information as to—

(a)

the circumstances in which the penalty or notice is likely to be imposed;

(b)

the circumstances in which it may not be imposed;

(c)

rights to make representations and objections and rights of appeal; and

(d)

in the case of a fixed monetary penalty, the amount of the penalty, how liability for the penalty may be discharged and the effect of discharge.

(4)

The regulator must revise the guidance where appropriate.

(5)

The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation.

(6)

The regulator must have regard to the guidance or revised guidance in exercising its functions.