SCHEDULE 4Non-monetary Discretionary requirements: enforcement
Contents of a non-compliance penalty notice6
1
A non-compliance penalty notice must include information as to—
a
the grounds for imposing the non-compliance penalty;
b
the administrator’s response to any representations and objections made by the seller, including the effect (if any) on the amount of the penalty imposed;
c
the amount of the penalty;
d
how payment may be made;
e
the date by which payment must be made;
f
the right of appeal; and
g
the consequences of failure to make payment by the date it is due.
2
A non-compliance penalty must be paid by a seller within 56 days beginning with the date on which the notice imposing it was received.
3
But this is subject to sub-paragraph (4) and regulation 21(4) (suspension of requirements and notices pending determination of an appeal).
4
If the requirements of the non-monetary discretionary requirement are complied with before the 56 days expire, the non-compliance penalty is not payable.
5
A seller on whom a non-compliance penalty notice is served may appeal against it.
6
The grounds of appeal are—
a
that the decision to serve the notice was based on an error of fact;
b
that the decision was wrong in law;
c
that the amount of the penalty was unreasonable;
d
that the decision was unfair or unreasonable for any other reason;
e
any other reason.