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Regulation 38 Surcharges: procedure

Original text. Later amendments are not shown.

(1)

Where Natural England imposes a surcharge under this Chapter, it must give a notice to every person on whom the surcharge is imposed.

(2)

A notice under paragraph (1) must include—

(a)

the date of the notice;

(b)

the amount of the surcharge;

(c)

the relevant amount in respect of which the surcharge is imposed;

(d)

if the surcharge is imposed under regulation 36 (late payment)—

(i)

when the due date was for that relevant amount;

(ii)

the possible consequences if the relevant amount remains unpaid, including any possibility that further surcharges may be imposed;

(e)

if the surcharge is imposed under regulation 37 (failure to notify material change), a description of the material change in the details of the relevant development;

(f)

the person’s right to appeal against the surcharge, including how the person may do so and applicable time limits.

(3)

Where a surcharge is imposed on more than one person, each is jointly and severally liable to pay the surcharge.

(4)

A person’s liability to pay a relevant amount cannot be discharged until all surcharges which have been imposed on the person in respect of the relevant amount are paid in full.