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The Offshore Environmental Civil Sanctions Regulations 2018

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Guidance as to use of civil sanctions

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20.—(1) The Secretary of State must before 1 November 2018 prepare and publish guidance about the Secretary of State’s use of the powers to impose fixed monetary penalties, variable monetary penalties and non-compliance penalties.

(2) The guidance must contain information as to—

(a)the circumstances in which a penalty is likely to be imposed;

(b)the circumstances in which a penalty may not be imposed;

(c)in the case of a fixed monetary penalty—

(i)the amount of the penalty; and

(ii)how liability for the penalty may be discharged and the effect of discharge;

(d)in the case of a variable monetary penalty or a non-compliance penalty, the matters likely to be taken into account by the Secretary of State in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance);

(e)rights to make representations and objections;

(f)rights of appeal.

(3) The Secretary of State must from time to time review the guidance and, where appropriate, prepare and publish revised guidance.

(4) The Secretary of State must consult such persons as the Secretary of State considers appropriate before publishing the guidance or any revised guidance.

(5) The Secretary of State must have regard to the guidance, or any revised guidance, in exercising the Secretary of State’s functions under these Regulations.

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