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.