Decision whether to impose a fixed monetary penalty
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5.—(1) After the end of the 28-day period for making representations and objections under paragraph 4(2), the administrator must decide whether to impose the fixed monetary penalty.
(2) The administrator must take into consideration any representations or objections made by the seller under paragraph 4(2).
(3) An administrator may not impose the penalty if the administrator discovers that its proposal to impose the penalty was based on an error of fact, wrong in law or unreasonable.
(4) Where an administrator decides to impose the penalty it must do so by serving the final notice on the seller.