PART 7Enforcement
Penalty charge notices36
1
2
A penalty charge notice may not be given after the end of the period of six months beginning with the day (or in the case of a continuing breach the last day) on which the breach of duty was committed.
3
A penalty charge notice must—
a
state the officer's belief that the person has committed a breach of duty;
b
give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;
c
require that person, within a period specified in the notice—
i
to pay a penalty charge specified in the notice; or
ii
to give notice to the enforcement authority that he wishes the authority to review the notice;
d
state the effect of regulation 41;
e
specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
f
specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
4
The period specified under paragraph (3)(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.
5
The enforcement authority may extend the period for complying in any particular case if they consider it appropriate to do so.
6
The enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
7
The enforcement authority must withdraw a penalty charge notice where the recipient can demonstrate that—
a
he took all reasonable steps and exercised all due diligence to avoid breaching the duty; or
b
regulation 37 (defence) applies.
F28
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F29
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F210
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