The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 No. 1517

[F1 SCHEDULE 4A E+W Civil sanctions

Textual Amendments

F1 Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.

PART 1 E+W Power to impose civil sanctions

Notice of intent E+W

5.— (1) If the appropriate authority proposes to serve on a person a compliance notice, a restoration notice or a notice imposing a fixed or variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”).

(2) The notice of intent must include—

(a) the grounds for serving the proposed notice;

(b) the requirements of the proposed notice and, in the case of a penalty, the amount to be paid and how payment may be made;

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

(i) a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was served; and

(ii) information as to the effect of discharging the penalty;

(d) information as to—

(i) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was served; and

(ii) the circumstances in which the appropriate authority may not serve the proposed notice.]