4.—(1) The enforcement authority may require a person who is an economic operator to pay a penalty if the enforcement authority is satisfied, on a balance of probabilities, that the person has committed an offence mentioned in paragraph 1.
(2) But the enforcement authority may not require a person to pay a penalty if—
(a)the person shows that there was a reasonable excuse for committing the offence; or
(b)criminal proceedings have been instituted against the person in respect of the same offence.
(3) A penalty imposed under this paragraph may not exceed £50,000 per offence.
(4) The penalty is payable to the enforcement authority on demand.