Paragraph 3 Penalty noticesF1

(1)

Within the period of six months beginning with the day on which a warning notice is given to a person the Secretary of State must give to the person—

(a)

a notice stating that the Secretary of State has decided not to give a penalty notice to the person, or

(b)

a penalty notice.

(2)

But the Secretary of State may not give a penalty notice to a person before the date specified in the warning notice in accordance with paragraph 2(2)(d).

(3)

A penalty notice given to a person must—

(a)

state the name and address of the person;

(b)

give details of the warning notice given to the person;

(c)

state whether or not the Secretary of State has received written representations in accordance with that notice;

(d)

give reasons for the Secretary of State’s decision to impose a penalty on the person;

(e)

state the amount of the penalty;

(f)

give details of how the penalty may be paid;

(g)

specify the date before which the penalty must be paid;

(h)

give details about the person’s rights of appeal;

(i)

give details about the consequences of non-payment.

(4)

The date specified under sub-paragraph (3)(g) must be a date falling at least 28 days after the day on which the penalty notice is given.

(5)

The Secretary of State may cancel a penalty notice by giving a notice to that effect to the person to whom the penalty notice is given.

(6)

If a penalty notice is cancelled, the Secretary of State—

(a)

may not give a further penalty notice in relation to the failure or conduct to which the notice relates, and

(b)

must repay any amount that has been paid in accordance with the notice.

Annotations

Textual amendments

F1: Sch. 5A inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 1