SCHEDULES
SCHEDULE 15CHARGES IN RESPECT OF CERTAIN SERVICES, AND OTHER RELATED MATTERS
6
1
Regulations may provide that, where a person fails to pay—
a
any amount recoverable from him under paragraph 3 in respect of the provision of goods or services under this Order; or
b
any amount recoverable from him under paragraph 5,
a notice (referred to in this paragraph as a penalty notice) may be served on the person by the responsible authority requiring him to pay to the authority, within a prescribed period, that amount together with a charge (referred to in this paragraph as a penalty charge) of an amount determined in accordance with the regulations.
2
The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—
a
£100;
b
the amount referred to in sub-paragraph (1)(a) or (b) multiplied by 5.
3
The Department may by order provide for sub-paragraph (2) to have effect as if, for the sum specified in head (a) or the multiplier specified in head (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or (as the case may be) multiplier specified in the order.
4
Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.
5
The further sum must not exceed 50 per cent of the amount of the penalty charge.
6
Any sum payable under the regulations (including the amount referred to in sub-paragraph (1)(a) or (b)) may be recovered by the responsible authority summarily as a debt.
7
But a person is not liable by virtue of a penalty notice—
a
to pay at any time so much of any amount referred to in sub-paragraph (1)(a) or (b) for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other; or
b
to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.
8
No order shall be made under sub-paragraph (3) unless a draft has been laid before, and approved by resolution of the Assembly.