Paragraph 9 Non-compliance penaltyF1

(1)

If a person fails to comply with a third party undertaking accepted by the Agency in accordance with paragraph 4(2), the Agency may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in relation to the offence to which the third party undertaking relates.

(2)

The amount of the non-compliance penalty must be determined by the Agency in accordance with sub-paragraph (3).

(3)

The amount of the non-compliance penalty must be a percentage of the costs of fulfilling the requirements or the remaining requirements of the third party undertaking, up to a maximum of 100%.

(4)

The notice referred to in paragraph (1) must include information as to—

(a)

the grounds for imposing the non-compliance penalty;

(b)

the amount of the penalty;

(c)

the method by which it can be paid;

(d)

the period within which payment must be made, which must not be less than 28 days; and

(e)

the grounds on which the person served with the notice may appeal.

(5)

The Agency may at any time withdraw a notice imposing a non-compliance penalty by sending written confirmation of the withdrawal to the person on whom the notice was served.

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.