17.—(1) After the end of the period for making representations and objections, the enforcement authority must decide whether to impose a variable monetary penalty and, if so, the amount of the penalty.
(2) In so deciding, the enforcement authority must take into account any undertaking accepted under Article 16(2).
(3) The enforcement authority must not decide to impose a penalty on a person where the authority is satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed.
(4) Where the enforcement authority decides to impose a variable monetary penalty, the notice imposing it (the “final notice”) must include information as to—
(a)the grounds for imposing the penalty;
(b)the amount of the penalty;
(c)how payment may be made;
(d)the period within which payment must be made;
(e)rights of appeal; and
(f)the consequences of non-payment.