Commentary on Sections Civil penalties Section 32: Objection to penalty
177.Section 32 sets out the steps to be taken if the recipient of the notice objects to the imposition of the civil penalty.
178.A recipient of a notice of a penalty may give notice to the Secretary of State that he objects to the penalty. This must include what he objects to and why. This “notice of objection” must be made in the prescribed manner and before a date to be prescribed (subsections (1) and (2)). The grounds on which an objection can be made are that the person was not liable to the penalty, that the circumstances of the contravention make the imposition of a penalty unreasonable, or that the amount of the penalty is too high.
179.The Secretary of State must consider the notice of objection and will determine whether to: cancel the penalty; reduce it; increase it or confirm it (subsection (3)). The Secretary of State must not enforce a penalty in respect of which he has received a notice of objection, until he has considered the objection and notified the objector of the outcome (subsection (4)).
180.This notification of outcome must be given in the prescribed manner, by a prescribed date or if the objector agrees by the end of a longer period (subsection (5)).
181.If, after consideration, the Secretary of State increases the penalty, a new notice must be issued under section 31. If the penalty is reduced, the objector must be notified accordingly.