Document Generated: 2022-06-22
Status: This is the original version (as it was originally made).
(b) the sum that is imposed by way of a penalty notice;
(c) the time period within which the penalty notice must be paid.
(5) Any request to conduct a review must—
(a) be made in writing, and copied to the relevant competent authority or the Information
Commissioner, as the case may be;
(b) set out the reasons for requesting a review and provide any relevant evidence; and
(c) be made within 30 days of receipt of the designation decision or penalty decision.
(6) The relevant competent authority or the Information Commissioner must respond to a request,
including to any reasons provided under regulation 19(5)(b), to conduct a review—
(a) in writing to the reviewer, copied to the person who made the request for a review; and
(b) within 30 days of receipt of that request.
(7) The reviewer may extend the time limits mentioned in paragraph (5)(c) or (6)(b) if the
reviewer considers it necessary to do so in the interests of fairness and having regard to the facts
and circumstances of the particular case.
(8) A request for a review suspends the effect of a designation decision or penalty decision until
the review is decided or withdrawn.
(9) The reviewer must uphold or set aside a designation decision or a penalty decision after
consideration of the following matters—
(a) the basis upon which the designation decision or penalty decision is challenged;
(b) the response submitted under paragraph (6); and
(c) any relevant evidence.
(10) The reviewer must provide reasons for the decision made under paragraph (9).
(11) In this regulation—
(a) “designation decision” means a decision to designate an operator of essential services
made under regulation 8(3); and
(b) “penalty decision” means a decision to serve a penalty notice under regulation 18(1) or (2).
Enforcement of penalty notices
20.—(1) This paragraph applies where a sum is payable to an enforcement authority as a penalty
under regulation 18.
(2) In England and Wales the penalty is recoverable as if it were payable under an order of the
county court or of the High Court.
(3) In Scotland the penalty may be enforced in the same manner as an extract registered decree
arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom.
(4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county
court or of the High Court.
(5) Where action is taken under this paragraph for the recovery of a sum payable as a penalty
under regulation 18, the penalty is —
(a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts
Act 2003(18) (register of judgments and order etc.) as if it were a judgment entered in
the county court;
(18) 2003 c. 39. Section 98 was amended by sections 48(1) and 106(2) of, and paragraph 55(1), (2), (3)(a) and (b) of Schedule 8 and
paragraph 15 of Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), and section 17(5) of, and paragraph
18
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