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Paragraph 8 Financial penaltiesF1

(1)

The regulations may enable a licensing authority to impose a financial penalty in relation to—

(a)

the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) (providing a micromobility vehicle without a licence);

(b)

the breach of a condition included in a licence.

(2)

The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

(3)

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.

(4)

If the regulations confer power to impose a financial penalty, they must include provision—

(a)

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;

(b)

ensuring that the person is given an opportunity to make representations about the proposed financial penalty;

(c)

requiring the licensing authority, after the period for making representations, to decide whether to impose the financial penalty;

(d)

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;

(e)

enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;

(f)

as to the powers of the court or tribunal on such an appeal.

(5)

The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—

(a)

enabling a notice of intent or final notice to be withdrawn or amended;

(b)

requiring the licensing authority to withdraw a final notice in circumstances specified in the regulations;

(c)

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;

(d)

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)