Paragraph 5 Penalty for providing inaccurate etc information in connection with an applicationI1

Where the appropriate authority proposes to impose a monetary penalty on an applicant the authority must give the applicant a notice of what is proposed (an “initial penalty notice”).

An initial penalty notice must offer the applicant the opportunity to avoid liability in relation to a monetary penalty by payment of a sum specified in the notice (which must be less than or equal to the amount of the proposed penalty).

The applicant may make written representations and objections to the appropriate authority in relation to the proposed imposition of the monetary penalty within the period of 28 days beginning with the day on which the initial penalty notice is given.

After the end of the period mentioned in sub-paragraph (3) the appropriate authority must decide whether to give the applicant a notice imposing a monetary penalty (a “final penalty notice”).

The appropriate authority may not give an applicant a final penalty notice if the authority is no longer satisfied as mentioned in paragraph 4(1).

The penalty specified in the final penalty notice may be—

An initial or final penalty notice may be withdrawn at any time by the appropriate authority.