Paragraph 8 Financial penaltiesF1
The regulations may enable a licensing authority to impose a financial penalty in relation to—
the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) (providing a micromobility vehicle without a licence);
the breach of a condition included in a licence.
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
If the regulations confer power to impose a financial penalty in relation to the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence under that section.
If the regulations confer power to impose a financial penalty, they must include provision—
requiring the licensing authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
requiring the licensing authority, after the period for making representations, to decide whether to impose the financial penalty;
requiring the licensing authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
as to the powers of the court or tribunal on such an appeal.
The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
enabling a notice of intent or final notice to be withdrawn or amended;
requiring the licensing authority to withdraw a final notice in circumstances specified in the regulations;
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
as to how financial penalties are recoverable.
Annotations
Textual amendments
- F1
Sch. 3A inserted (E.W.) (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(6), Sch. 7 para. 1(3) (with s. 102)