Section 39 — Penalty notices: further provision
Extent: E+W+S+N.I.
This version in force from 2024-04-29
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) Before giving a penalty notice to a person, the Secretary of State must—
(a) notify the person of the Secretary of State’s intention to give a penalty notice to the person, and
(b) give the person an opportunity to make representations about the giving of the notice.
(2) The Secretary of State may not give a penalty notice to the person before the end of the period of 28 days beginning with the day on which notification under subsection (1)(a) is given.
(3) A penalty notice must contain the following information—
(a) the reasons for giving the penalty notice;
(b) the amount of the penalty;
(c) how payment may be made;
(d) the period within which payment must be made;
(e) how the person to whom the notice is given may appeal against the imposition of the penalty;
(f) the consequences of failing to pay the penalty.
(4) The Secretary of State may vary or revoke a penalty notice.
(5) But the Secretary of State may not vary a penalty notice in order to make it more onerous.