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2.—(1) Where an administrator proposes to impose a discretionary requirement on a seller, the administrator must serve a notice of intent on that seller.
(2) But an administrator may not serve a notice of intent on a seller in relation to a breach where—
(a)a fixed monetary penalty has been imposed on the seller in relation to the same breach; or
(b)the seller has discharged liability to a fixed monetary penalty in relation that breach pursuant to paragraph 3(1) of Schedule 5.
(3) The notice of intent must—
(a)if the administrator proposes to impose a non-monetary discretionary requirement—
(i)specify the steps that the administrator proposes the seller be required to take;
(ii)specify the time period within which the administrator proposes that those steps are to be taken;
(b)if the administrator proposes to impose a variable monetary penalty, specify the amount of penalty proposed;
(c)include information as to—
(i)the grounds for the proposal to impose the discretionary requirement;
(ii)the right to make representations and objections;
(iii)the 28-day period within which representations and objections may be made;
(iv)the circumstances in which the administrator may not impose the discretionary requirements;
(v)in the case of a variable monetary penalty, methods of payment.
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