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Marine and Coastal Access Act 2009

Status:

This is the original version (as it was originally enacted).

Civil sanctions

93Fixed monetary penalties

(1)The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a fixed monetary penalty.

(2)Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3)For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to the enforcement authority a penalty of a prescribed amount.

(4)The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for that offence.

(5)In this section “prescribed” means prescribed in an order made under this section.

94Fixed monetary penalties: procedure

(1)Provision under section 93 must secure the results in subsection (2).

(2)Those results are that—

(a)where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b)the notice of intent also offers the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),

(c)if the person does not so discharge liability—

(i)the person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty, and

(ii)the enforcement authority must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d)where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

(e)the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(3)To comply with this subsection the notice of intent must include information as to—

(a)the grounds for the proposal to impose the fixed monetary penalty,

(b)the effect of payment of the sum referred to in subsection (2)(b),

(c)the right to make representations and objections,

(d)the circumstances in which the enforcement authority may not impose the fixed monetary penalty,

(e)the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and

(f)the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.

(4)Provision pursuant to subsection (2)(c)(ii)—

(a)must secure that the enforcement authority may not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b)may include provision for other circumstances in which the enforcement authority may not decide to impose a fixed monetary penalty.

(5)To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(6)Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(7)In this section “prescribed” means prescribed in an order made under section 93.

95Variable monetary penalties

(1)The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a variable monetary penalty.

(2)Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3)For the purposes of this Part a “variable monetary penalty” is a penalty of such amount as the enforcement authority may in each case determine.

96Variable monetary penalties: procedure

(1)Provision under section 95 must secure the results in subsection (2).

(2)Those results are that—

(a)where the enforcement authority proposes to impose a variable monetary penalty on a person, the enforcement authority must serve on that person a notice (a “notice of intent”) which complies with subsection (3),

(b)that person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the penalty,

(c)after the end of the period for making such representations and objections, the enforcement authority must decide whether to impose a penalty and, if so, the amount of the penalty,

(d)where the enforcement authority decides to impose a penalty, the notice imposing it (the “final notice”) complies with subsection (6), and

(e)the person on whom a penalty is imposed may appeal against the decision as to the imposition or amount of the penalty.

(3)To comply with this subsection the notice of intent must include information as to—

(a)the grounds for the proposal to impose the penalty,

(b)the right to make representations and objections,

(c)the circumstances in which the enforcement authority may not impose the penalty, and

(d)the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

(4)Provision pursuant to subsection (2)(c)

(a)must secure that the enforcement authority may not decide to impose a penalty on a person where the enforcement authority is satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b)may include provision for other circumstances in which the enforcement authority may not decide to impose a penalty.

(5)Provision under subsection (2)(c) must also include provision for—

(a)the person on whom the notice of intent is served to be able to offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any person affected by the offence,

(b)the enforcement authority to be able to accept or reject such an undertaking, and

(c)the enforcement authority to take any undertaking so accepted into account in its decision.

(6)To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(7)Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the amount of the penalty is unreasonable;

(d)that the decision was unreasonable for any other reason.

97Further provision about civil sanctions

Schedule 7 (which makes further provision about civil sanctions) has effect.

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