Commentary Part 2: Eu Financial Sanctions Section 55: Matters to be determined before a final notice is given
154.Section 55 sets out the matters which must be determined before issuing a final notice. The independent panel must provide an evidenced report containing recommendations about the apportionment of the lump sum and any periodic penalties due under the terms of the EU financial sanction, and the report must be published. The Minister must then invite further representations from the public authority, and appropriate national authority if relevant, on ability of the authority to pay and potential impact on finances and any devolved functions. The Minister must have regard to the independent panel’s report, any impact on the authority’s finances and not prejudicing the performance by the authority of any of its devolved functions.