The Port Services Regulations 2019

Notices of intent and penalty notices

15.—(1) During the period of 90 days beginning with the day on which the enforcement authority becomes aware of an infringement, it may serve a notice (“notice of intent”) on the infringing party—

(a) informing the recipient that the enforcement authority—

(i) intends to impose a penalty on the recipient; and

(ii) may publish details of the penalty and the reasons for imposing it;

(b) specifying the infringement in respect of which the enforcement authority intends to impose a penalty;

(c) specifying the amount of the penalty that the enforcement authority intends to impose in respect of that infringement;

(d) inviting the infringing party to make representations to the enforcement authority concerning the alleged infringement and the amount of the proposed penalty during a period of 30 days beginning with the day on which the enforcement authority serves a notice of intent on the infringing party (“penalty representation period”); and

(e) specifying the methods by which the infringing party must make representations.

(2) During the penalty representation period, the infringing party may make representations to the enforcement authority concerning the infringement referred to in the notice of intent.

(3) During the period of 30 days beginning with the day on which the penalty representation period ends (“consideration period”), the enforcement authority must—

(a) consider representations made by the infringing party during the penalty representation period; and

(b) serve the infringing party with either—

(i) a penalty notice; or

(ii) a penalty withdrawal notice.

(4) A penalty notice must—

(a) specify—

(i) the date of service;

(ii) the infringement in respect of which the enforcement authority has served the penalty notice;

(iii) the enforcement authority’s reasons for imposing the penalty; and

(iv) the amount of the penalty;

(b) require the infringing party to pay the penalty during a period of 30 days beginning with the day on which the enforcement authority serves the penalty notice on the infringing party;

(c) explain the methods by which the penalty must be paid;

(d) explain the infringing party’s right (under regulation 17(1)) to object to the contents of the penalty notice; and

(e) explain the steps that the enforcement authority may take to recover overdue penalties.

(5) A penalty withdrawal notice must inform the infringing party of the enforcement authority’s decision not to serve or publish the proposed penalty referred to in the notice of intent.

(6) If the enforcement authority fails to serve the infringing party with either a penalty notice or a penalty withdrawal notice during the consideration period, it will be deemed to have served a penalty withdrawal notice.