Article 14 Notice of intent

(1)

Where the enforcement authority proposes to impose a variable monetary penalty on a person, the authority must serve on that person a notice (a “notice of intent”).

(2)

The notice of intent must include information as to—

(a)

the grounds for the proposal to impose the variable monetary penalty;

(b)

the amount of the proposed variable monetary penalty;

(c)

the circumstances in which the enforcement authority may not impose the variable monetary penalty; and

(d)

the period, referred to in article 15, within which representations and objections may be made.

(3)

But the enforcement authority may not serve a notice of intent on a person in relation to any act or omission where—

(a)

a fixed monetary penalty has been imposed on that person in relation to that act or omission; or

(b)

the person has discharged liability for a fixed monetary penalty in relation to that act or omission in accordance with article 6.