Paragraph 2 Notice of intent

(1)

Where a regulator proposes to impose a fixed monetary penalty or a compliance notice on a person, the regulator must serve on that person a notice of what is proposed (a “notice of intent”).

(2)

The notice of intent must include—

(a)

the grounds for the proposed compliance notice or fixed monetary penalty and—

(i)

in the case of a proposed compliance notice, the requirements of that notice;

(ii)

in the case of a proposed fixed monetary penalty, the amount of the penalty to be paid;

(b)

information as to—

(i)

the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received; and

(ii)

in the case of a proposed fixed monetary penalty, the right (in the alternative to making representations and objections) to discharge any liability for the penalty in accordance with sub-paragraph (3).

(3)

A person on whom a notice of intent is served may—

(a)

within 28 days beginning with the day on which the notice was received, make representations and objections to the regulator in relation to the proposed imposition of a fixed monetary penalty or compliance notice; or

(b)

in the case of a proposed fixed monetary penalty, discharge any liability for the payment of that penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice of intent is received.

(4)

Paragraph 4 does not apply if the person makes a payment in accordance with sub-paragraph (3)(b).