Paragraph 5 Service of final notice

(1)

If the person who has received a notice of intent does not discharge liability for the penalty within the 28 day period referred to in paragraph 4, the authorised officer may serve a final notice imposing a fixed monetary penalty.

(2)

If the authorised officer is satisfied on the balance of probabilities that a person would not be liable to comply with an improvement notice because—

(a)

that person is not a relevant business operator to whom regulation 5(1) applies;

(b)

the retail goods to which the improvement notice relates are not specified in a marking notice;

(c)

of any representation or objection made under paragraph 4;

(d)

of any other reason,

that officer may not serve a final notice in relation to that improvement notice.

(3)

An authorised officer who serves a final notice imposing a fixed monetary penalty in relation to the failure to comply with an improvement notice may not serve any other notice under these Regulations in relation to the same failure to comply with that improvement notice.