Paragraph 5 Decision whether to impose a non-compliance penalty

After the end of the 28 day period for making representations and objections under paragraph 4, the Administrator shall decide whether to impose the non-compliance penalty with or without modifications.

Without restricting the power under sub-paragraph (1), the Administrator may decide not to impose a non-compliance penalty if the Administrator considers that in all the circumstances of the case it would be inexpedient to do so.

In making a decision under this paragraph the Administrator shall take into consideration any representations or objections made by the seller in accordance with paragraph 4.

Where the Administrator decides to impose a non-compliance penalty it shall do so by serving by post a notice on the seller.

A non-compliance penalty notice shall comply with paragraph 6.