Section 106G
“ Schedule 5A E+W Monetary penalties in relation to requirements under Part 3A
Power to impose monetary penalties
1 (1) The Secretary of State may give a notice (a “penalty notice”) imposing a penalty on a person if satisfied on the balance of probabilities that the person—
(a) has failed to comply with a requirement imposed on the person to—
(i) pay a fee in accordance with regulations under section 106E (1) , or
(ii) provide information in accordance with regulations under section 106F (1) or (2) , or
(b) has, in purported compliance with a requirement imposed on the person under regulations under section 106F (1) or (2) , provided information that is false or misleading in a material respect.
(2) The amount of a penalty imposed by a penalty notice must be such amount as is specified in, or determined in accordance with, regulations made by the Secretary of State.
(3) A penalty imposed by a penalty notice must be paid to the Secretary of State within such period as may be specified in the notice.
(4) The Secretary of State may not give more than one penalty notice to a person in respect of the same failure or conduct.
(5) Regulations under this paragraph are subject to the affirmative procedure.
Warning notices
2 (1) Where the Secretary of State proposes to give a penalty notice to a person the Secretary of State must give the person a notice (a “warning notice”) notifying the person of the Secretary of State’s proposal.
(2) A warning notice must—
(a) state the name and address of the person to whom the Secretary of State proposes to give a penalty notice;
(b) give reasons why the Secretary of State proposes to give the person a penalty notice;
(c) state the amount of the proposed penalty;
(d) specify the date before which the person may make written representations to the Secretary of State.
(3) The date specified under sub-paragraph (2) (d) must be a date falling at least 28 days after the day on which the warning notice is given.
Penalty notices
3 (1) Within the period of six months beginning with the day on which a warning notice is given to a person the Secretary of State must give to the person—
(a) a notice stating that the Secretary of State has decided not to give a penalty notice to the person, or
(b) a penalty notice.
(2) But the Secretary of State may not give a penalty notice to a person before the date specified in the warning notice in accordance with paragraph 2(2)(d).
(3) A penalty notice given to a person must—