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Regulation 5 Civil penalties

Original text. Later amendments are not shown.

(1)

Where a person does not comply with a compliance notice served under regulation 4, the enforcement authority may require that person to pay a civil penalty.

(2)

Where the enforcement authority considers that there has been a breach of—

(a)

a relevant requirement; or

(b)

an enforcement obligation,

the enforcement authority may require the person in breach to pay a civil penalty.

(3)

The enforcement authority may not require a person to pay a civil penalty pursuant to paragraph (1) or (2) if the person shows that there was a reasonable excuse for the non-compliance or the breach.

(4)

The enforcement authority may require a person to pay a civil penalty pursuant to paragraph (2)(a) without first serving a compliance notice under regulation 4 if it considers it appropriate to do so.

(5)

The amount of a civil penalty imposed under Part 2 of these Regulations may not exceed £1,000 for each breach of a relevant requirement or of an enforcement obligation.

(6)

The civil penalty is payable to the enforcement authority.

(7)

In this regulation 5, “enforcement obligation” means the requirements and obligations in regulations 10 and 11(6).