SCHEDULE 5Civil sanctions

PART 2Compliance notices and variable monetary penalties

Notice of intent4

1

Where the market surveillance authority proposes to serve a compliance notice or a variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”).

2

The notice of intent must include—

a

the grounds for the proposed notice or penalty;

b

the requirements of the notice and in the case of a penalty the amount to be paid;

c

information as to—

i

the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;

ii

the circumstances in which the market surveillance authority may not impose the notice.