SCHEDULES

SCHEDULE 3Financial penalties etc

4Final notice

1

After the end of the period mentioned in paragraph 3 the enforcement authority must—

a

decide whether to impose a financial penalty on the person, and

b

if it decides to do so, decide the amount of the penalty.

2

If the enforcement authority decides to impose a financial penalty, it must serve a notice on the person (a “final notice”) imposing that penalty.

3

The final notice must require the penalty to be paid within the relevant period.

4

In sub-paragraph (3) “the relevant period” means—

a

in relation to a financial penalty under section 8, the period of 28 days beginning with the day after that on which the notice is served;

b

in relation to an amount which is required to be paid under section 10(2), (5) or (8) or 11(1), the period specified in the notice.

5

A period specified as mentioned in sub-paragraph (4)(b) must be a period of at least 7 days but not more than 14 days beginning with the day after that on which the notice is served.

6

The final notice must set out—

a

the date on which the final notice is served,

b

the amount of the financial penalty,

c

the reasons for imposing the penalty,

d

information about how to pay the penalty,

e

the period for payment of the penalty,

f

information about rights of appeal, and

g

the consequences of failure to comply with the notice.