Section 10(3)

The regulations must include provision— requiring an enforcer to produce guidance about how the enforcer proposes to exercise any discretion to determine the amount of a financial penalty and to have regard to such guidance in exercising its discretion; requiring an enforcer to publish the guidance; requiring an enforcer, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty; ensuring that the person is given an opportunity to make representations about the proposed financial penalty; requiring the enforcer, after the period for making representations, to decide whether to impose the financial penalty; requiring the enforcer, if they decide to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty; enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations; as to the powers of the court or tribunal on such an appeal.

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