5—(1) An order under section 35 must secure the results in sub-paragraph (2).N.I.
(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.