Schedules

Schedule 2Further provision about fixed monetary penalties under section 35

Guidance as to enforcement of offences

6

1

Where an order under section 35 confers powers to impose a fixed monetary penalty in relation to an offence, the Department must prepare and publish guidance about how the offence is enforced.

2

The guidance must include guidance as to—

a

the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

b

the action which the Department may take to enforce the offence, whether by virtue of section 35 or otherwise, and

c

the circumstances in which the Department is likely to take any such action.

3

The Department may from time to time revise guidance published by it under this paragraph and publish the revised guidance.

4

The Department must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.