Paragraph 5 Notice of intentF1

England and Wales

(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 (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.