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Environment (Wales) Act 2016

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Fixed monetary penalties: procedureE+W

3(1)Carrier bag regulations that make provision under paragraph 2 must secure that—E+W

(a)where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2),

(b)the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

(c)if the person does not so discharge liability—

(i)the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and

(ii)the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d)where the administrator decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with sub-paragraph (4), and

(e)the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(2)To comply with this sub-paragraph, the notice of intent must include information as to—

(a)the grounds for the proposal to impose the fixed monetary penalty,

(b)the effect of payment of the sum referred to in sub-paragraph (1)(b),

(c)the right to make representations and objections,

(d)the circumstances in which the administrator may not impose the fixed monetary penalty,

(e)the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received, and

(f)the period within which representations and objections may be made, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received.

(3)Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty.

(4)To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(5)Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

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