Paragraph 2 Notice of intentI1

England and Wales

(1)

Where the regulator proposes to serve a F1fixed monetary penalty or a compliance notice on a person, the regulator must serve on that person a notice of what is proposed (a “notice of intent”).

(2)

The notice of intent must include—

(a)

the grounds for the proposed compliance notice or fixed monetary penalty;

(b)

the requirements of the proposed compliance notice and, in the case of a penalty, the amount to be paid; and

(c)

information as to—

(i)

the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;

(ii)

the circumstances in which the regulator may not impose the fixed monetary penalty or compliance notice.

F2(2A)

A notice of intent to serve a fixed monetary penalty must also offer the person on whom the notice is served the opportunity to discharge their liability for the penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice is received.

(2B)

A person’s liability to a fixed monetary penalty is discharged if the person pays the sum of £100 to the regulator within the time specified in sub-paragraph (2A).

(3)

A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make representations and objections to the regulator in relation to the proposed imposition of a fixed monetary penalty or compliance notice.

F3(4)

Sub-paragraph (3) does not apply in relation to a notice of intent to serve a fixed monetary penalty if the person makes a payment in accordance with sub-paragraph (2B).

Annotations

Textual amendments

F1: Word in Sch. para. 2 substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(c)(i) (with reg. 16(a))
F2: Sch. para. 2(2A)(2B) inserted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(c)(ii) (with reg. 16(a))
F3: Sch. para. 2(4) inserted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(c)(iii) (with reg. 16(a))

Commencement

I1: Sch. para. 2 in force at 9.1.2018, see reg. 1(2)

Notes on Part 1

Textual amendments

F1: Word in Sch. Pt. 1 heading substituted (1.10.2023) by The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 (S.I. 2023/982), reg. 1(2), Sch. 2 para. 6(a) (with reg. 16(a))