SCHEDULECivil sanctions
PART 7Guidance and publicity
Guidance as to use of civil sanctions26
1
The Secretary of State must publish guidance about the use of civil sanctions under these Regulations.
2
The Secretary of State must revise and update the guidance where appropriate.
3
The Secretary of State must have regard to the guidance or revised and updated guidance in exercising functions under these Regulations.
4
In the case of guidance about compliance notices, stop notices, variable monetary penalties and non-compliance penalties, the guidance must contain information as to—
a
the circumstances in which the civil sanction is likely to be imposed; and
b
the circumstances in which it is not likely to be imposed.
5
In the case of guidance about variable monetary penalties and non-compliance penalties, the guidance must contain information about—
a
the matters likely to be taken into account by the Secretary of State in determining the amount of penalty (including voluntary reporting by a person of their own non-compliance); and
b
rights to make representations and objections and rights of appeal.
6
In the case of guidance about enforcement undertakings, the guidance must contain information as to—
a
the circumstances in which the Secretary of State is likely to accept an enforcement undertaking; and
b
the circumstances in which the Secretary of State is not likely to accept an enforcement undertaking.