Article 6 Non-compliance penalties

(1)

The amount of a non-compliance penalty^f1 must be determined by the Commission having regard to all the circumstances of the case and must not be less than £500 nor more than £20,000.

(2)

The notice imposing a non-compliance penalty must include information as to—

(a)

the grounds for imposing the non-compliance penalty;

(b)

the amount of the penalty;

(c)

the period within which payment must be made, which must not be less than 28 days beginning with the day on which the notice imposing the penalty is received;

(d)

rights of appeal; and

(e)

the consequences of failure to make payment within the specified period.

(3)

A non-compliance penalty must be paid to the Commission.

(4)

If the steps specified in the compliance notice or restoration notice are completed, and a certificate is issued by the Commission under paragraph 6 of Schedule 1, within the period set for payment of the non-compliance penalty the Commission may by notice waive, or reduce the amount of, a non-compliance penalty.

(5)

An appeal under paragraph 9(3) of Schedule 19C against a notice imposing a non-compliance penalty must be made within 28 days of the day on which the notice was received.

Annotations

Footnotes

f1: “Non-compliance penalty” is defined at paragraph 9(1) of Schedule 19C.