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Marine and Coastal Access Act 2009

Paragraph 9: Guidance as to use of civil sanctions

930.The licensing authority may not make an order enabling the imposition of fixed or variable monetary penalties, unless it secures that the enforcement authority will publish guidance in relation to the use of these powers ("Penalty Guidance"). The enforcement authority may be required to consult specified persons before publishing or revising the Penalty Guidance. The Penalty Guidance must also be revised by the enforcement authority when appropriate, for example, when there has been a change in the rules. The authority must publish the revised guidance. The order must also stipulate that the enforcement authority has regard to the Penalty Guidance when exercising its functions.

931.The Penalty Guidance must contain information about the circumstances in which a sanction is likely to be imposed or may not be imposed (for example, if undertakings or payment of a sum of money are accepted by the enforcement authority once a notice of intent for a monetary penalty has been issued) and information about the person's rights of appeal.

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