Schedules
Schedule 10Further provision about fixed monetary penalties under section 142
5Guidance as to use of fixed monetary penalties
1
Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must secure the results in sub-paragraph (2).
2
Those results are that—
a
the enforcement authority must publish guidance about its use of the penalty,
b
the guidance must contain the relevant information,
c
the enforcement authority must revise the guidance where appropriate,
d
the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and
e
the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.
3
The relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the penalty is likely to be imposed,
b
the circumstances in which it may not be imposed,
c
the amount of the penalty,
d
how liability for the penalty may be discharged and the effect of discharge, and
e
rights to make representations and objections and rights of appeal.