Chapter 3: Enforcement Section 39: Penalty notices: further provision
This Section sets out that, before giving a penalty notice, the Secretary of State must notify the recipient of their intention to give a notice and provide an opportunity for the recipient to make representations. Although there is no formal time limit within which a relevant person has to make representations, in practice it is likely that a relevant person would make representations within 28 days as the Secretary of State can issue a penalty notice as soon as 28 days after notification.
	Subsection (3) sets out that the penalty notice must (a) give reasons for the notice, (b) include the amount of the penalty, (c) set out how payment may be made,(d) the deadline for making payment, (e) explain how the notice can be appealed, and (f) explain the consequences of failing to pay the penalty.
	Subsections (4) and (5) provide that after issuing a variable monetary penalty notice, the Secretary of State may vary or revoke the notice but any variation may not make the notice more onerous. For example, the Secretary of State may reduce the amount of the penalty or allow for it to be paid at a later date but cannot require a higher penalty to be paid after the initial penalty notice has been issued.