SCHEDULE 3Discretionary requirements
PART 1Imposition of discretionary requirements and procedure
Decision whether to impose discretionary requirements5
1
After the end of the 28 day period for making representations and objections under paragraph 4, the administrator must decide whether to—
a
impose the one or more discretionary requirements with or without modifications; or
b
impose any other discretionary requirement that the administrator has the power to impose under this Schedule.
2
In making a decision under this paragraph an administrator must take into consideration any representations or objections made by the seller in accordance with paragraph 4.
3
An administrator may not decide to impose a discretionary requirement in any of the following circumstances—
a
if a discretionary requirement has previously been imposed in relation to the same act or omission;
b
if liability to a fixed monetary penalty in respect of the same breach has been discharged by payment of a specified sum;
c
if a fixed monetary penalty has been imposed in respect of the same breach.
4
An administrator may not decide under this paragraph to impose a fixed monetary penalty in place of a discretionary requirement.
5
Without restricting the power under sub-paragraph (1), an administrator may decide not to impose a discretionary requirement if the administrator considers that in all the circumstances of the case it would be inexpedient to do so.
6
Where an administrator decides to impose a discretionary requirement it must do so by serving the final notice on the seller33.
7
The final notice must comply with paragraph 6.