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Section 35 Monetary penalty noticesI1I2

England and Wales

(1)

In this Act “monetary penalty notice” means a notice requiring the person to whom it is issued to pay a sum specified in the notice (a “monetary penalty”) to the appropriate authority.

(2)

In this section “appropriate authority” means—

(a)

in relation to a Part 2 obligation, the Secretary of State;

(b)

in relation to a Part 3 obligation, an enforcement authority.

(3)

Regulations which provide for the issue of a monetary penalty notice must secure that the Secretary of State or an inspector may issue a monetary penalty notice only where satisfied that the person to whom it is issued has committed a relevant breach.

(4)

Regulations which provide for the issue of a monetary penalty notice must require the notice to state—

(a)

how payment may be made,

(b)

the period within which payment must be made, and

(c)

the consequences of late payment or failure to pay.

(5)

Regulations which provide for the issue of a monetary penalty notice may make provision—

(a)

for the payment of interest on late payment;

(b)

as to how any amounts payable by virtue of the regulations are to be recoverable.

Annotations

Commencement

I1

S. 35 in force at Royal Assent for specified purposes, see s. 48(3)(a)

I2

S. 35 in force at 13.11.2025 for specified purposes by S.I. 2025/575, reg. 2(4)