Chapter 3: Enforcement Section 36: Monetary Penalties
This Section provides that, where the Secretary of State is satisfied, on the balance of probabilities, that a person has failed to comply with a relevant duty, the Secretary of State may give a penalty notice requiring the recipient to pay a fine of a specified amount within a specified time period of no less than 28 days. The amount must not exceed any maximum established under Section 38.
	A penalty may be issued even if the recipient has not previously received an enforcement notice in respect of the relevant breach but a person may not receive more than one penalty notice for a single breach. All penalties paid to the Secretary of State are to be paid into the Consolidated fund.
	Where a breach continues beyond the period set in the penalty notice, subsection (5) provides that a daily penalty can be imposed requiring the person to pay up to £20,000 for each additional day the breach continues. There is no cap on the potential penalty accrued in daily penalties. If a daily penalty is to be imposed, then the daily penalty amount must also be set out in the initial penalty notice.