Civil sanctions
287.The fixed and variable monetary penalties and processes described in the following sections are based on those in the Regulatory and Enforcement Sanctions Act 2008.
Section 93: Fixed monetary penalties
288.This section enables the licensing authority by order to grant to the appropriate enforcement authority the power to issue a fixed monetary penalty to a person in relation to an offence under this Part.
289.The appropriate enforcement authority is defined in section 115(1).
290.The appropriate enforcement authority may impose a fixed monetary penalty only if it is satisfied beyond reasonable doubt that the person has committed the offence in question.
291.The amount of a fixed monetary penalty will be specified by the order and may not exceed the maximum fine that could be imposed on conviction of the offence in question. Different provision may be made for different cases.
Section 94: Fixed monetary penalties: procedure
292.This section specifies certain minimum requirements that the licensing authority must ensure that any fixed monetary penalty regime includes. In particular, when imposing the penalty the enforcing authority must be required to issue a notice of intent to the person setting out the information specified in subsection (3), and providing the person with an opportunity to discharge the liability by payment of a prescribed sum. Alternatively a person may make representations, in accordance with subsection (2)(c)(i). The authority may decide to impose a fixed monetary penalty by a “final notice” which must contain the information specified in subsection (5). A person on whom a final notice is served has a right of appeal. Subsection (6) states the minimum grounds for appeal that must be available.
Section 95: Variable monetary penalties
293.This section enables the licensing authority by order to grant to the appropriate enforcement authority the power to issue a variable monetary penalty to a person in relation to an offence under this Part.
294.The appropriate enforcement authority is defined in section 115(1).
295.The appropriate enforcement authority may impose a variable monetary penalty only when satisfied beyond reasonable doubt that the person has committed the offence.
296.The enforcement authority will determine the amount of the variable monetary penalty on a case-by-case basis.
Section 96: Variable monetary penalties: procedure
297.This section specifies certain minimum requirements that the licensing authority must ensure that any variable monetary penalty regime includes. In particular, when imposing the penalty the enforcing authority is required to issue a notice of intent to the person which must contain the information specified in subsection (3) and must provide the person with an opportunity to discharge the liability by making a payment or offering an undertaking (for example, remediation works or another kind of activity). Alternatively a person may make representations against the imposition of the notice. The authority may decide to impose a variable monetary penalty by a “final notice” which must contain the information specified in subsection (6) and the authority will take into account any representations it has received. A person on whom a final notice is served has a right of appeal. Subsection (7) sets out the minimum grounds for appeal that must be available.
Section 97: Further provision about civil sanctions
298.Schedule 7 makes further provision in relation to the civil sanctions that may be imposed under this Part.
