OpenLegislation

Section 39 Penalty notices: further provisionI1I2

United Kingdom

(1)

Before giving a penalty notice to a person, the Secretary of State must—

(a)

notify the person of the Secretary of State’s intention to give a penalty notice to the person, and

(b)

give the person an opportunity to make representations about the giving of the notice.

(2)

The Secretary of State may not give a penalty notice to the person before the end of the period of 28 days beginning with the day on which notification under subsection (1)(a) is given.

(3)

A penalty notice must contain the following information—

(a)

the reasons for giving the penalty notice;

(b)

the amount of the penalty;

(c)

how payment may be made;

(d)

the period within which payment must be made;

(e)

how the person to whom the notice is given may appeal against the imposition of the penalty;

(f)

the consequences of failing to pay the penalty.

(4)

The Secretary of State may vary or revoke a penalty notice.

(5)

But the Secretary of State may not vary a penalty notice in order to make it more onerous.

Annotations

Commencement

I1

S. 39 not in force at Royal Assent, see s. 79

I2

S. 39 in force at 29.4.2024 by S.I. 2023/469, reg. 3