Paragraph 34 Guidance as to the use of civil sanctionsF1

England and Wales

(1)

The appropriate authority must publish guidance about its use of civil sanctions.

(2)

The appropriate authority must revise and update guidance where appropriate.

(3)

The appropriate authority must have regard to the guidance or revised and updated guidance in exercising its functions.

(4)

In the case of guidance about compliance notices, restoration notices, fixed monetary penalties, variable monetary penalties, stop notices and non-compliance penalties, the guidance must contain information as to—

(a)

the circumstances in which the civil sanction is likely to be imposed,

(b)

the circumstances in which it is not likely to be imposed,

(c)

where relevant, rights to make representations and objections,

(d)

rights of appeal, and

(e)

in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the appropriate authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance).

(5)

In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a)

the circumstances in which the appropriate authority is likely to accept an enforcement undertaking, and

(b)

the circumstances in which the appropriate authority is not likely to accept an enforcement undertaking.

Annotations

Textual amendments

F1: Sch. 4A inserted (15.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1303), reg. 1, Sch.