SCHEDULE 4Non-monetary Discretionary requirements: enforcement

Contents of a non-compliance notice6

1

A non-compliance penalty notice shall include information as to—

a

the grounds for imposing the non-compliance penalty;

b

the Administrator's response to any representations and objections made by the seller, including the effect (if any) on the amount of the penalty imposed;

c

the amount of the penalty;

d

how payment may be made;

e

the date by which payment shall be made;

f

the right of appeal; and

g

the consequences of failure to make payment by the date it is due.

2

A non-compliance penalty shall be paid by a seller within 56 days beginning with the date of service of the non-compliance notice.

3

But this is subject to sub-paragraph (4) and regulation 20(4) (suspension of requirements and notices pending determination of an appeal).

4

If the requirements of the non-monetary discretionary requirement are complied with before the 56 days expire, the non-compliance penalty is not payable.

5

A seller on whom a non-compliance penalty notice is served may appeal against it.

6

The grounds of appeal are—

a

that the decision to serve the notice was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the Administrator, that the amount is unreasonable);

d

any other reason.