Paragraph 14 Guidance as to the use of civil sanctions and cost recoveryF1

(1)

The Agency must—

(a)

publish guidance about its use of variable monetary penalties, non-compliance penalties and enforcement cost recovery notices; and

(b)

revise the guidance where appropriate.

(2)

Before publishing guidance or revised guidance, the Agency must consult—

(a)

such bodies or persons as appear to the Agency to be representative of the interests of local government, industry, agriculture and small businesses; and

(b)

such organisations as appear to the Agency to be substantially affected by the proposals.

(3)

In the case of a variable monetary penalty, the guidance must include information as to—

(a)

the circumstances in which a variable monetary penalty is likely to be imposed;

(b)

the circumstances in which it may not be imposed; and

(c)

the rights to make representations and objections and to appeal.

(4)

In the case of a non-compliance penalty or an enforcement cost recovery notice, the guidance must include information as to—

(a)

how the Agency will exercise the power to impose a non-compliance penalty and the power to recover costs;

(b)

how it will determine the amount to be recovered; and

(c)

the rights to make representations and objections and to appeal.

(5)

The Agency must have regard in exercising its functions to the guidance or revised guidance published in accordance with this paragraph.

Annotations

Textual amendments

F1: Sch. 26A inserted (E.) (1.12.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023 (S.I. 2023/1046), reg. 1(1), Sch.