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The Single Use Carrier Bags Charges (England) Order 2015

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Notice of intent

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2.—(1) Where an administrator proposes to impose a discretionary requirement on a seller, the administrator must serve a notice of intent on that seller.

(2) But an administrator may not serve a notice of intent on a seller in relation to a breach where—

(a)a fixed monetary penalty has been imposed on the seller in relation to the same breach; or

(b)the seller has discharged liability to a fixed monetary penalty in relation that breach pursuant to paragraph 3(1) of Schedule 5.

(3) The notice of intent must—

(a)if the administrator proposes to impose a non-monetary discretionary requirement—

(i)specify the steps that the administrator proposes the seller be required to take;

(ii)specify the time period within which the administrator proposes that those steps are to be taken;

(b)if the administrator proposes to impose a variable monetary penalty, specify the amount of penalty proposed;

(c)include information as to—

(i)the grounds for the proposal to impose the discretionary requirement;

(ii)the right to make representations and objections;

(iii)the 28-day period within which representations and objections may be made;

(iv)the circumstances in which the administrator may not impose the discretionary requirements;

(v)in the case of a variable monetary penalty, methods of payment.

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