Civil sanctions
PART 1
Introduction
Interpretation
1. In this Schedule—
“completion certificate” has the meaning given in paragraph 14(1);
“compliance notice” has the meaning given in paragraph 2(2);
“discharge certificate” has the meaning given in paragraph 20(1);
“enforcement undertaking” has the meaning given in paragraph 17;
“final notice” has the meaning given in paragraph 7(2);
“non-compliance penalty” has the meaning given in paragraph 23(1);
“notice of intent” has the meaning given in paragraph 4(1);
“relevant regulation” means—
- (a) regulation 6 of these Regulations;
- (b) Article 64(2) of the Subsidiary Regulation;
- (c) Article 66(6) and (7) of the Subsidiary Regulation;
“stop notice” has the meaning given in paragraph 11(1);
“third party undertaking” has the meaning given in paragraph 6(1);
“variable monetary penalty” has the meaning given in paragraph 3(1).
PART 2
Compliance notices etc.
Compliance notice
2.—(1) This paragraph applies where the management authority is satisfied on the balance of probabilities that a person has failed to comply with a relevant regulation.
(2) The management authority may by notice (“a compliance notice”) impose on that person a requirement to take such steps as the management authority may specify, within such period as it may specify, to secure that the failure to comply does not continue or recur.
(3) A compliance notice may not be served on more than one occasion in relation to the same act or omission.
Imposition of a variable monetary penalty
3.—(1) This paragraph applies where the management authority is satisfied on the balance of probabilities that a person has failed to comply with a relevant regulation.
(2) The management authority may by notice impose on that person a requirement to pay a monetary penalty to the management authority in such amount as it may determine (“a variable monetary penalty”).
(3) A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.
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