Schedule 1: Enforcement action under part 1: procedure Part 2- Civil sanctions Paragraph 5 and 6: Notices of intent and costs
Paragraph 5 sets out that the Secretary of State must issue a notice of intent before issuing a compliance, redress or monetary penalty notice (referred to as a ‘principal notice’) to a regulated body. The Secretary of State must consider any representations made by the body in response to the notice of intent.
	Subparagraph 5(2) specifies that a notice of intent must set out: the intention to issue the principal notice; the notices’ intended terms; the reasoning for the notice; and the time by which and manner in which representations may be made.
	Subparagraph 5(3) provides that a notice of intent may also set out the Secretary of State’s intention to issue a costs notice and give an indication of the value of the costs.
	Subparagraph 6(1) provides the Secretary of State with the power to issue a costs notice to a regulated body if a compliance, redress or monetary penalty notice has been issued. Subparagraph 6(2) clarifies that a costs notice requires the regulated body to pay a sum specified in the notice to the Secretary of State.
	Subparagraph 6(3) limits the sum so that it is no greater than the costs incurred by the Secretary of State and sub section 6(4) sets out that costs can include investigative and administrative costs, as well as the costs of obtaining expert advice.
	Subparagraph 6(5) sets out that the costs notice must include: details of the costs used to calculate total cost; a breakdown of how the cost has been calculated; and the time and manner in which the cost must be paid. Subparagraph 6(6) sets out that, if the cost is not paid in time, interest can be incurred and the Secretary of State can recover the sum as a civil debt.
	Subparagraph 6(7) sets out that any cancellation of a compliance notice, redress notice, or monetary penalty notice has the effect of cancelling any associated costs notice.