Paragraph 2 Notice of intent

(1)

Where an administrator proposes to impose a discretionary requirement on a seller, the administrator must serve a notice of intent on that seller.

(2)

But an administrator may not serve a notice of intent on a seller in relation to a breach where—

(a)

a fixed monetary penalty has been imposed on the seller in relation to the same breach; or

(b)

the seller has discharged liability to a fixed monetary penalty in relation that breach pursuant to paragraph 3(1) of Schedule 5.

(3)

The notice of intent must—

(a)

if the administrator proposes to impose a non-monetary discretionary requirement—

(i)

specify the steps that the administrator proposes the seller be required to take;

(ii)

specify the time period within which the administrator proposes that those steps are to be taken;

(b)

if the administrator proposes to impose a variable monetary penalty, specify the amount of penalty proposed;

(c)

include information as to—

(i)

the grounds for the proposal to impose the discretionary requirement;

(ii)

the right to make representations and objections;

(iii)

the 28-day period within which representations and objections may be made;

(iv)

the circumstances in which the administrator may not impose the discretionary requirements;

(v)

in the case of a variable monetary penalty, methods of payment.