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SCHEDULE 4N.I.Non-monetary Discretionary requirements: enforcement

Contents of a non-compliance noticeN.I.

6.—(1) A non-compliance penalty notice shall include information as to—

(a)the grounds for imposing the non-compliance penalty;

(b)the Administrator's response to any representations and objections made by the seller, including the effect (if any) on the amount of the penalty imposed;

(c)the amount of the penalty;

(d)how payment may be made;

(e)the date by which payment shall be made;

(f)the right of appeal; and

(g)the consequences of failure to make payment by the date it is due.

(2) A non-compliance penalty shall be paid by a seller within 56 days beginning with the date of service of the non-compliance notice.

(3) But this is subject to sub-paragraph (4) and regulation 20(4) (suspension of requirements and notices pending determination of an appeal).

(4) If the requirements of the non-monetary discretionary requirement are complied with before the 56 days expire, the non-compliance penalty is not payable.

(5) A seller on whom a non-compliance penalty notice is served may appeal against it.

(6) The grounds of appeal are—

(a)that the decision to serve the notice was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the Administrator, that the amount is unreasonable);

(d)any other reason.