SCHEDULES
SCHEDULE 6Charges for single use carrier bags
Part 2Civil sanctions
Discretionary requirements: enforcement
14
1
Provision under paragraph 12 may include provision for a person to pay a monetary penalty (a “non-compliance penalty”) to an administrator if the person fails to comply with a non-monetary discretionary requirement imposed on the person.
2
Provision under sub-paragraph (1) may—
a
specify the amount of the non-compliance penalty or provide for that amount to be determined in accordance with the regulations, or
b
provide for the amount to be determined by the administrator or in some other way.
3
If the regulations make provision within sub-paragraph (2)(b), they must, in relation to each kind of failure for which a non-compliance penalty may be imposed—
a
specify the maximum penalty that may be imposed for a failure of that kind, or
b
provide for that maximum to be determined in accordance with the regulations.
4
Provision under sub-paragraph (1) must secure that—
a
the non-compliance penalty is imposed by notice served by the administrator, and
b
the person on whom it is imposed may appeal against that notice.
5
Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the grounds on which a person may appeal against a notice referred to in that sub-paragraph include the following—
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).