Schedule 26A, paragraph 9

If a person fails to comply with a third party undertaking accepted by the Agency in accordance with paragraph 4(2), the Agency may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in relation to the offence to which the third party undertaking relates. The amount of the non-compliance penalty must be determined by the Agency in accordance with sub-paragraph (3). The amount of the non-compliance penalty must be a percentage of the costs of fulfilling the requirements or the remaining requirements of the third party undertaking, up to a maximum of 100%. The notice referred to in paragraph (1) must include information as to— the grounds for imposing the non-compliance penalty; the amount of the penalty; the method by which it can be paid; the period within which payment must be made, which must not be less than 28 days; and the grounds on which the person served with the notice may appeal. The Agency may at any time withdraw a notice imposing a non-compliance penalty by sending written confirmation of the withdrawal to the person on whom the notice was served.

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Source: legislation.gov.uk · retrieved 2026-07-30