Page:The Control of Trade in Endangered Species Regulations 2018 (UKSI 2018-703 qp).pdf/11

 Contents of final notice: variable monetary penalty

9. A final notice relating to a variable monetary penalty must include information as to—
 * (a) the grounds for imposing the penalty;
 * (b) the amount to be paid;
 * (c) how payment may be made;
 * (d) the period within which payment must be made, which must be not less than 28 days;
 * (e) the rights of appeal;
 * (f) the consequences of failing to comply with the notice.

Appeals against a final notice

10.—(1) A person on whom a final notice is served may appeal against it.

(2) The grounds of appeal are—
 * (a) that the decision to serve the final notice was based on an error of fact;
 * (b) that the decision was wrong in law;
 * (c) in the case of a variable monetary penalty, that the amount of the penalty is unreasonable;
 * (d) in the case of a non-monetary requirement, that the nature of the requirement is

unreasonable;
 * (e) that the decision was unreasonable for any other reason;
 * (f) that the decision was wrong for any other reason.

PART 3 Stop notices Stop notices

11.—(1) This paragraph applies where the management authority is satisfied on the balance of probabilities that a person is—
 * (a) carrying on an activity, and
 * (b) the management authority reasonably believes that the activity as carried on by that person involves or is likely to involve a contravention of a relevant regulation.

(2) The management authority may by notice (“a stop notice”) prohibit that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(3) The steps referred to in sub-paragraph (2) must be steps to eliminate the risk of the contravention being committed or occurring.

Contents of a stop notice

12. A stop notice must include information as to—
 * (a) the grounds for serving the notice;
 * (b) the activity which is prohibited;
 * (c) the steps which the person must take to comply with the notice and the period within which they must be completed;
 * (d) the rights of appeal;
 * (e) the consequences of failing to comply with the notice.

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