OpenLegislation

Article 22 Limitation periods for the imposition of fines and periodic penalty paymentsX1

United Kingdom

Original text. Later amendments are not shown.

1.

The right of the F1Secretary of State to impose fines and/or periodic penalty payments to a recognised organisation in accordance with this Regulation shall expire after five years from the date when the action or omission of the recognised organisation giving rise to an infringement identified in accordance with Article 3 of this Regulation was committed. However, in case of continuing or repeated actions or omissions giving rise to an infringement, time shall begin to run on the day on which the action or omission ceases.

The right of the Secretary of State to impose periodic penalty payments to a recognised organisation in accordance with Article 15 of this Regulation shall expire after three years from the date when the action or omission of the recognised organisation, for which the Secretary of State requested appropriate preventive and remedial action, was committed.

2.

Any action taken by the Secretary of StateF2... for the purpose of the assessment or the infringement procedure in relation to an action or omission of the recognised organisation shall interrupt the relevant limitation period established under paragraph 1. The limitation period shall be interrupted with effect from the date on which the action of the Secretary of StateF3... is notified to the recognised organisation.

3.

Each interruption shall start time running afresh. The limitation period shall, however, not exceed a period equal to twice the initial limitation period, except where limitation is suspended pursuant to paragraph 4.

4.

The limitation period for the imposition of periodic penalty payments shall be suspended for as long as the decision of the Secretary of State is the subject of F4judicial proceedings F5....

Annotations

Textual amendments

F1

Words in Art. 22 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 22(2) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(21)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 22(2) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(21)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Art. 22(4) inserted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(21)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 22(4) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(21)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Editorial notes

X1

Substituted by Corrigendum to Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Articles 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (Official Journal of the European Union L 214 of 19 July 2014).