Paragraph 1 Notice of intentI1

England and Wales Not yet in force

(1)

Before imposing a financial penalty on a person under section 105, an enforcement authority must give the person notice of its proposal to do so (a “notice of intent”).

(2)

The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the enforcement authority has sufficient evidence of the conduct to which the financial penalty relates.

(3)

But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day on which the conduct occurs.

(4)

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the penalty, and

(d)

information about the right to make representations under paragraph 2.

Annotations

Commencement

I1: Sch. 12 para. 1 not in force at Royal Assent, see s. 124(3)