Paragraph 6 Contents of a non-compliance notice

(1)

A non-compliance penalty notice shall include information as to—

(a)

the grounds for imposing the non-compliance penalty;

(b)

the Administrator’s response to any representations and objections made by the seller, including the effect (if any) on the amount of the penalty imposed;

(c)

the amount of the penalty;

(d)

how payment may be made;

(e)

the date by which payment shall be made;

(f)

the right of appeal; and

(g)

the consequences of failure to make payment by the date it is due.

(2)

A non-compliance penalty shall be paid by a seller within 56 days beginning with the date of service of the non-compliance notice.

(3)

But this is subject to sub-paragraph (4) and regulation 20(4) (suspension of requirements and notices pending determination of an appeal).

(4)

If the requirements of the non-monetary discretionary requirement are complied with before the 56 days expire, the non-compliance penalty is not payable.

(5)

A seller on whom a non-compliance penalty notice is served may appeal against it.

(6)

The grounds of appeal are—

(a)

that the decision to serve the notice was based on an error of fact;

(b)

that the decision was wrong in law;

(c)

that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the Administrator, that the amount is unreasonable);

(d)

any other reason.