PART 7ENFORCEMENT
Penalty charge notices33
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.