Schedules
Schedule 2Further provision about fixed monetary penalties under section 35
Guidance as to use of fixed monetary penalties
5
1
An order under section 35 must secure the results in sub-paragraph (2).
2
Those results are that—
a
the Department must publish guidance about its use of the fixed monetary penalty,
b
the guidance must contain the relevant information,
c
the Department must revise the guidance where appropriate,
d
the Department must consult such persons as the order may specify before publishing any guidance or revised guidance, and
e
the Department must have regard to the guidance or revised guidance in exercising its functions.
3
The relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the fixed monetary 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.