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Paragraph 44 Penalties under paragraphs 38 or 39: administration and supplementary provision

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where an assessment is made under paragraph 42(1) or (3) to an amount of daily penalty under paragraph 38(2)(b), the notification of that amount must specify a date, not later than the day on which the notification is given, to which the amount is assessed.

(2)

If the failure attracting the penalty continues after that date, a further assessment or further assessments may be made under paragraph 42(1) or (3) in respect of the continued failure.

(3)

Sub-paragraph (4) applies where—

(a)

a notification of an amount of a penalty specifies a date under sub-paragraph (1), and

(b)

the failure in question is remedied within such period as may for the purpose of this sub-paragraph be specified in the notification.

(4)

The failure is to be deemed to be remedied on the date specified under sub-paragraph (1).