PART 1Product security
CHAPTER 3Enforcement
Monetary penalties
39Penalty notices: further provision
(1)
Before giving a penalty notice to a person, the Secretary of State must—
(a)
notify the person of the Secretary of State’s intention to give a penalty notice to the person, and
(b)
give the person an opportunity to make representations about the giving of the notice.
(2)
The Secretary of State may not give a penalty notice to the person before the end of the period of 28 days beginning with the day on which notification under subsection (1)(a) is given.
(3)
A penalty notice must contain the following information—
(a)
the reasons for giving the penalty notice;
(b)
the amount of the penalty;
(c)
how payment may be made;
(d)
the period within which payment must be made;
(e)
how the person to whom the notice is given may appeal against the imposition of the penalty;
(f)
the consequences of failing to pay the penalty.
(4)
The Secretary of State may vary or revoke a penalty notice.
(5)
But the Secretary of State may not vary a penalty notice in order to make it more onerous.