23.—(1) If a person fails to comply with a compliance notice, stop notice, third party undertaking or enforcement undertaking, irrespective of whether a variable monetary penalty is also imposed, the management authority may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”).
(2) The amount of the non-compliance penalty must be determined by the management authority as a percentage of the costs of fulfilling the remaining requirements of the notice, third party undertaking or enforcement undertaking.
(3) The percentage must be determined by the management authority having regard to all the circumstances of the case and may, if appropriate, be 100%.
(4) A notice served under paragraph (1) must include information as to—
(a)the grounds for imposing the penalty;
(b)the amount to be paid;
(c)how payment may be made;
(d)the period within which payment must be made, which must not be less than 28 days;
(e)the rights of appeal;
(f)the consequences of failure to comply with the notice;
(g)any circumstances in which the management authority may reduce the amount of the penalty.
(5) If the requirements of the compliance notice, stop notice, third party undertaking or enforcement undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.
24.—(1) A person on whom the notice imposing the non-compliance penalty is served may appeal against it.
(2) The grounds of appeal are—
(a)that the decision to serve the notice was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the amount of the penalty is unreasonable;
(d)that the decision was unreasonable for any reason;
(e)that the decision was wrong for any other reason.