Regulation 12
SCHEDULE 2Fixed monetary penalties
Imposition of a fixed monetary penalty
schedule 2 paragraph 1 1.—(1) A food authority may by notice impose a fixed monetary penalty on a person in relation to an offence under regulation 11.
(2) Before doing so, the food authority must be satisfied beyond reasonable doubt that the person has committed the offence.
(3) The amount of penalty to be paid to the food authority as a fixed monetary penalty is £2,500.
Notice of intent
schedule 2 paragraph 2 2.—(1) When a food authority proposes to impose a fixed monetary penalty on a person, the food authority must serve on that person a notice of what is proposed (“notice of intent”).
(2) The notice of intent must include—
schedule 2 paragraph 2 2 a (a)the grounds for the proposal to impose the fixed monetary penalty;
schedule 2 paragraph 2 2 b (b)the amount of the penalty;
schedule 2 paragraph 2 2 c (c)a statement that the liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received;
schedule 2 paragraph 2 2 d (d)information as to—
schedule 2 paragraph 2 2 d i (i)the effect of the discharge payment in sub-paragraph (2)(c);
schedule 2 paragraph 2 2 d ii (ii)the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;
schedule 2 paragraph 2 2 d iii (iii)the circumstances in which the food authority may not impose the fixed monetary penalty (including any defences relating to the offence in relation to which the notice is served).
Discharge of liability
schedule 2 paragraph 3 3. The penalty is discharged if a person who receives a notice of intent pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was received.
Making representations and objections
schedule 2 paragraph 4 4.—(1) A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the food authority in relation to the proposed imposition of the fixed monetary penalty.
(2) After the end of the period for making representations and objections, the food authority must decide whether to impose the fixed monetary penalty.
Service of final notice
schedule 2 paragraph 5 5.—(1) If the person who has received a notice of intent does not discharge liability within 28 days, the food authority may serve on that person a notice (“final notice”) imposing a fixed monetary penalty.
(2) The food authority must not serve a final notice on a person where the food authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.
(3) Where a food authority has served a final notice relating to a fixed monetary penalty, it must not serve any other notice under these Regulations in relation to the offence.
Contents of final notice
schedule 2 paragraph 6 6. A final notice must include information as to—
schedule 2 paragraph 6 a (a)the amount of the penalty,
schedule 2 paragraph 6 b (b)the grounds for imposing the penalty,
schedule 2 paragraph 6 c (c)how payment must be made,
schedule 2 paragraph 6 d (d)the period of 28 days within which payment must be made,
schedule 2 paragraph 6 e (e)details of the early payment discount,
schedule 2 paragraph 6 f (f)rights of appeal, and
schedule 2 paragraph 6 g (g)the consequences of non-payment (including details of the late payment penalties).
Discount for early payment
schedule 2 paragraph 7 7. If a person who was served with a notice of intent made representations or objections concerning that notice within the time limit, that person may discharge the final notice by paying 50% of the penalty within 14 days beginning with the day on which the final notice was received.
Appeals against a final notice
schedule 2 paragraph 8 8.—(1) A person who receives a final notice may appeal against it.
(2) The grounds of appeal are—
schedule 2 paragraph 8 2 a (a)that the decision was based on an error of fact;
schedule 2 paragraph 8 2 b (b)that the decision was wrong in law;
schedule 2 paragraph 8 2 c (c)that the decision was unreasonable;
schedule 2 paragraph 8 2 d (d)that the decision was wrong for any other reason.
Appeals
schedule 2 paragraph 9 9.—(1) An appeal under paragraph 8 is to the First-tier Tribunal.
(2) A final notice is suspended pending the determination or withdrawal of the appeal.
(3) The First-tier Tribunal may—
schedule 2 paragraph 9 3 a (a)withdraw, confirm or vary the penalty or final notice,
schedule 2 paragraph 9 3 b (b)take such steps as the food authority could have taken in relation to the act or omission giving rise to the penalty or final notice, or
schedule 2 paragraph 9 3 c (c)remit the decision whether to confirm the penalty or final notice, or any other matter relating to that decision, to the food authority.
Non-payment after 28 days (late payment penalty)
schedule 2 paragraph 10 10.—(1) The penalty must be paid within 28 days of receipt of the final notice.
(2) If the penalty is not paid within 28 days, the amount payable is increased by 50%.
(3) In the case of an appeal, the penalty (whether varied or confirmed by the First-Tier Tribunal) is payable within 14 days of the determination of the appeal (if the appeal is unsuccessful), and if it is not paid within 14 days the amount of the penalty is increased by 50%.
Recovery of payments
schedule 2 paragraph 11 11. A food authority may recover any penalty imposed under this Schedule, and any financial penalty for late payment, on the order of a court, as if payable under a court order.
Criminal proceedings
schedule 2 paragraph 12 12.—(1) If a notice of intent for a fixed monetary penalty is served on any person—
schedule 2 paragraph 12 1 a (a)no criminal proceedings for the offence may be instituted against that person in respect of the act or omission to which the notice relates before 28 days from the date on which the notice of intent is received, and
schedule 2 paragraph 12 1 b (b)if that person discharges liability, that person may not at any time be convicted of the offence in relation to that act or omission.
(2) If a fixed monetary penalty is imposed on any person, that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the penalty.
Withdrawing a notice
schedule 2 paragraph 13 13. A food authority may at any time in writing withdraw a notice imposing a fixed monetary penalty.