# The Offshore Environmental Civil Sanctions Regulations 2018, Regulation 18: Non-compliance penalties: power to impose where undertaking not complied with

Extent: E+W+S+N.I.

(1) This regulation applies where—
(a) the Secretary of State accepts an undertaking from the person on whom the notice of intent was served; and
(b) the person fails to comply with the undertaking.
(2) The Secretary of State may, by notice (a “non-compliance penalty notice”) served on the person, impose a non-compliance penalty on the person.
(3) A “non-compliance penalty” is a requirement to pay to the Secretary of State a penalty of an amount determined by the Secretary of State.
(4) The amount of any non-compliance penalty must not exceed £50,000.
(5) The non-compliance penalty notice must state the amount of the non-compliance penalty and include information as to—
(a) the grounds for imposing the non-compliance penalty;
(b) how payment may be made;
(c) the period within which payment must be made;
(d) rights of appeal; and
(e) the consequences of non-payment.
(6) A person on whom a non-compliance penalty notice is served must pay to the Secretary of State the amount of the non-compliance penalty within the period of 28 days beginning with the day on which the non-compliance penalty notice is received.
(7) The Secretary of State may at any time withdraw a non-compliance penalty notice by giving notice in writing to the person on whom the non-compliance penalty notice was served.

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Source: https://www.legislation.gov.uk/uksi/2018/800/regulation/18 (the official version)
Page: https://openlegislation.uk/offshore-environmental-civil-sanctions-regulations-2018/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.