Schedules
Schedule 7Further provision about civil sanctions under Part 4
Guidance as to use of civil sanctions
I1I29
1
Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).
2
Those results are that—
a
the enforcement authority must publish guidance about its use of the sanction,
b
in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,
c
the enforcement authority must revise the guidance where appropriate,
d
the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and
e
the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.
3
In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the 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.
4
In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
a
the circumstances in which the penalty is likely to be imposed,
b
the circumstances in which it may not be imposed,
c
the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
d
rights to make representations and objections and rights of appeal.