PART 7 ENFORCEMENT

33 Penalty charge notices
1 An authorised officer of an enforcement authority may, if he believes that a person has committed a breach of any duty under regulation 5(2), 5(3), 6(2), 7, 11(2), 15(1), 17, 18 or 32(4) give a penalty charge notice to that person.
2 A penalty charge notice shall not be given after the end of the period of six months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed.
3 A penalty charge notice shall—
(a) state the officer’s opinion that the person has committed a breach of duty;
(b) give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;
(c) require that person, within a period specified in the notice—
(i) to pay a penalty charge specified in the notice; or
(ii) to give notice to the enforcement authority that he wishes the enforcement authority to review the notice;
(d) state the effect of regulation 38;
(e) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
(f) specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
4 The period specified under regulation 33(3)(c) shall not be less than 28 days beginning with the day after that on which the penalty charge notice was given.
5 The enforcement authority may extend the period for complying in any particular case if it considers it appropriate to do so.
6 The enforcement authority may, if it considers that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
7 The enforcement authority shall withdraw a penalty charge notice where the recipient can demonstrate that—
(a) he took all reasonable steps and exercised all due diligence to avoid breaching the duty; or
(b) regulation 34 applies.