Paragraph 5 Notice of intentF1

(1)

If the appropriate authority proposes to serve on a person a compliance notice, a restoration notice or a notice imposing a fixed or variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”).

(2)

The notice of intent must include—

(a)

the grounds for serving the proposed notice;

(b)

the requirements of the proposed notice and, in the case of a penalty, the amount to be paid and how payment may be made;

(c)

in the case of a fixed monetary penalty—

(i)

a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was served; and

(ii)

information as to the effect of discharging the penalty;

(d)

information as to—

(i)

the right to make representations and objections within 28 days beginning with the day on which the notice of intent was served; and

(ii)

the circumstances in which the appropriate authority may not serve the proposed notice.

Annotations

Textual amendments

F1: Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.