Paragraph 3 Notice of Intent

England and Wales

(1)

Where an administrator proposes to impose a fixed monetary penalty on a seller, the administrator must serve a notice of intent on that seller M1.

(2)

A notice of intent must—

(a)

state the amount of the penalty;

(b)

offer the seller the opportunity to discharge its liability to the penalty by paying the specified sum within 28 days beginning with the day on which the notice is received;

(c)

include information as to—

(i)

the grounds for the proposal to impose the fixed monetary penalty;

(ii)

the effect of payment of the specified sum;

(iii)

the right to make representations and objections conferred by paragraph 5;

(iv)

the circumstances in which the administrator may not impose the fixed monetary penalty;

(v)

the 28 day period within which liability to the fixed monetary penalty may be discharged by virtue of paragraph 4;

(vi)

the 28 day period within which representations and objections may be made;

(vii)

how payment may be made.

Annotations

Marginal citations

M1

For the meaning of “notice of intent”

see paragraph 11(1)(a) of Schedule 6 to the Climate Change Act 2008.