Paragraph 4 Final noticesI1

United Kingdom

(1)

After the end of the period for representations the Secretary of State must decide whether to impose a financial penalty on the person.

(2)

If the Secretary of State decides to impose a financial penalty on the person, the Secretary of State must give the person a written notice (a “final notice”) imposing the penalty.

(3)

A final notice must specify—

(a)

the amount of the financial penalty (which may be less than the amount specified in the notice of intent, but cannot be more),

(b)

the reasons for imposing the penalty,

(c)

the date by which the penalty must be paid,

(d)

information about the right of appeal under paragraph 5, and

(e)

the consequences of failure to comply with the final notice.

(4)

The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.

(5)

The Secretary of State may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.

(6)

A final notice may not be given more than 28 days after the last day of the period for representations.

Annotations

Commencement

I1: Sch. para. 4 in force at Royal Assent, see s. 19(1)