Schedule 1, paragraph 3

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 notice stating that the Secretary of State has decided not to give a penalty notice to the person, or a penalty notice. 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). A penalty notice given to a person must— state the name and address of the person; give details of the warning notice given to the person; state whether or not the Secretary of State has received written representations in accordance with that notice; give reasons for the Secretary of State’s decision to impose a penalty on the person; state the amount of the penalty; give details of how the penalty may be paid; specify the date before which the penalty must be paid; give details about the person’s rights of appeal; give details about the consequences of non-payment. The date specified under sub-paragraph (3)(g) must be a date falling at least 28 days after the day on which the penalty notice is given. The Secretary of State may cancel a penalty notice by giving a notice to that effect to the person to whom the penalty notice is given. If a penalty notice is cancelled, the Secretary of State— may not give a further penalty notice in relation to the failure or conduct to which the notice relates, and must repay any amount that has been paid in accordance with the notice.

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Source: legislation.gov.uk · retrieved 2026-09-04