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Identity Cards Act 2006

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31Imposition of civil penaltiesE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)This section applies where the Secretary of State is satisfied that a person (“the defaulter”) is a person who is liable under this Act to a civil penalty not exceeding a specified amount.

(2)The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.

(3)A notice imposing such a penalty must—

(a)set out the Secretary of State's reasons for deciding that the defaulter is liable to a penalty;

(b)state the amount of the penalty that is being imposed;

(c)specify a date before which the penalty must be paid to the Secretary of State;

(d)describe how payment may be made;

(e)explain the steps that the defaulter may take if he objects to the penalty; and

(f)set out and explain the powers of the Secretary of State to enforce the penalty.

(4)The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.

(5)A penalty imposed in accordance with this section—

(a)must be paid to the Secretary of State in a manner described in the notice imposing it; and

(b)if not so paid by the specified date, is to be recoverable by him accordingly.

(6)In proceedings for recovery of a penalty so imposed no question may be raised as to—

(a)whether the defaulter was liable to the penalty;

(b)whether the imposition of the penalty was unreasonable; or

(c)the amount of the penalty.

(7)Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.

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