Page:Cybersecurity Act 2018.pdf/50

Rh (4) The licensee may make representations to the licensing officer at any time before the date mentioned in subsection (2)(b).

(5) The licensing officer must consider any representation made by the licensee before the date mentioned in subsection (2)(b).

(6) The licensing officer must, on or after the date mentioned in subsection (2)(b), give the licensee written notice of the licensing officer’s final decision.

Recovery of financial penalties

34.—(1) Any person who fails to pay any financial penalty imposed by the licensing officer by the date specified in the order under section 32(2) or where there is an appeal to the Minister, by the date specified by the Minister, is liable to pay to the licensing officer interest on the amount unpaid at the same rate as for a judgment debt.

(2) Any financial penalty payable pursuant to an order under section 32(2), and any interest under subsection (1), is recoverable by the licensing officer, or any person duly authorised by the licensing officer to act on his or her behalf, as a debt due to the Government.

(3) The licensing officer may, in any case in which the licensing officer thinks fit, waive, remit or refund in whole or in part any financial penalty imposed or any interest due on any financial penalty.

(4) Any financial penalty and any interest on any financial penalty collected under this section must be paid into the Consolidated Fund.

(5) In any proceedings for the recovery of any financial penalty or interest due on any financial penalty which any person is liable to pay, a certificate purporting to be under the hand of the licensing officer certifying the amount of the financial penalty or interest due on the financial penalty that is payable by the person is prima facie evidence of the facts stated in the certificate.

Appeal to Minister

35.—(1) Any person whose application for a licence or for the renewal of a licence has been refused by the licensing officer may, within the relevant period after being notified of such refusal, appeal against the refusal in the prescribed manner to the Minister.