9(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).U.K.
(2)Those results are that—
(a)the enforcement authority must publish guidance about its use of the sanction,
(b)in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, 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)In the case of guidance relating to a fixed monetary penalty, 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.
(4)In the case of guidance relating to a variable monetary penalty, 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 matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
(d)rights to make representations and objections and rights of appeal.
Commencement Information
I1Sch. 7 para. 9 partly in force; Sch. 7 para. 9 in force for specified purposes at Royal Assent see s. 324(1)(c)
I2Sch. 7 para. 9 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)