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5.—(1) Where the enforcement authority proposes to impose a fixed monetary penalty on a person, it must serve on that person a notice of what is proposed (a “notice of intent”).
(2) The notice must offer the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of 50% of the amount of the penalty within the period of 28 days beginning with the day on which the notice of intent is received.
(3) The notice must also include information as to—
(a)the grounds for the proposal to impose the fixed monetary penalty;
(b)the amount of the proposed fixed monetary penalty;
(c)the effect of payment of the sum referred to in Article 6;
(d)the right to make representations and objections;
(e)the circumstances in which the enforcement authority may not impose the fixed monetary penalty;
(f)the period, referred to in Article 6, within which liability to the fixed monetary penalty may be discharged; and
(g)the period, referred to in Article 7(1), within which representations and objections may be made.
(4) The enforcement authority may not serve a notice of intent on a person in relation to any act or omission where—
(a)a variable monetary penalty has been imposed on that person in relation to that act or omission; or
(b)a stop notice has been served on that person in relation to that act or omission.
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