Textual Amendments
F1Sch. A1 inserted (10.7.2011) by Safety on Learner Transport (Wales) Measure 2011 (nawm 6), s. 16(2), Sch.
18(1)Where power is conferred on an enforcement authority by the regulations to impose a civil sanction in relation to a breach of regulations under this Schedule, the provision conferring the power must secure that—W
(a)the enforcement authority must publish guidance about the enforcement authority's use of the civil sanction,
(b)the guidance must contain the relevant information,
(c)the enforcement authority must revise the guidance where appropriate,
(d)the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and
(e)the enforcement authority must have regard to the guidance or revised guidance in exercising the enforcement authority's functions.
(2)In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to—
(a)the circumstances in which the penalty is likely to be imposed,
(b)the circumstances in which it may not be imposed,
(c)the amount of the penalty,
(d)how liability for the penalty may be discharged and the effect of discharge, and
(e)rights to make representations and objections and rights of appeal.
(3)In the case of guidance relating to a discretionary requirement, the relevant information referred to in sub-paragraph (1)(b) is information as to—
(a)the circumstances in which the requirement is likely to be imposed,
(b)the circumstances in which it may not be imposed,
(c)in the case of a variable monetary penalty, the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
(d)rights to make representations and objections and rights of appeal.]