Schedule Schedule: Shark fins Penalty for providing inaccurate, etc. information in connection with an application
Paragraph 4 provides for a civil liability, by way of a monetary penalty, where the applicant provides inaccurate or incomplete information or a document which contains an inaccuracy in relation to an application. This penalty would apply where inaccurate/incomplete information is provided deliberately or due to a failure to take reasonable care, or where the applicant knows the information is inaccurate/incomplete at the time it’s provided or discovers it subsequently and fails to inform the appropriate authority. Subparagraph (3) also confirms the maximum penalty is £3,000. Subparagraph (4) allows the appropriate authority to amend this amount by regulations. Subparagraph (5), (6) and (7) provides that the regulations made respectively by the Secretary of State, the Welsh Ministers and the Scottish Ministers under subparagraph (4) must be made by the affirmative procedure.
	Paragraph 5 outlines the process for monetary penalties. Subparagraph (1) sets out that the appropriate authority must give notice of the intent to impose a monetary penalty. This is done through an initial penalty notice.
	Subparagraph (2) sets out that an initial penalty notice must offer the applicant the opportunity to avoid liability in relation to a monetary penalty by payment of a sum specified in the notice.
	Subparagraphs (3) and (4) allows the applicant to object to the initial penalty notice within 28 days. After this period, a decision must be made by the appropriate authority as to whether to give the applicant a notice imposing the fine. This is the final penalty notice.
	Subparagraph (5) states that a final penalty notice may not be given if the appropriate authority is no longer satisfied that the provision of inaccurate or incomplete information has occurred.
	Subparagraph (6) states that the penalty in the final penalty notice may be of equal value to the amount proposed in the initial penalty notice or a penalty of a smaller amount.
	Subparagraph (7) enables the appropriate authority to withdraw an initial or final penalty notice at any time.
	Paragraph 6 defines what information must be included in an initial penalty notice and a final penalty notice. A final penalty notice may also provide for interest or other penalties to be payable in the event that payment is not made within the period specified by the notice.