Paragraph 5 Decision to impose a variable monetary penalty
(1)
SEPA must, after the end of the period for making written representations, decide whether to impose a variable monetary penalty and, if so, the amount of the penalty.
(2)
In making that decision, SEPA must—
(a)
have regard to any representations made in accordance with paragraph 4; and
(b)
take into account any VMP undertaking accepted by it.