The Marking of Retail Goods Regulations 2025

Schedule Fixed Monetary Penalties

Regulation 10 Civil sanctions 1 (1) Where an authorised officer is satisfied on the balance of probabilities that a relevant business operator has failed to comply with an improvement notice, imposed in accordance with regulation 9(2) they may impose a fixed monetary penalty. (2) In this Schedule, “fixed monetary penalty” means a penalty of £2,500 unless paragraph 10(3) of this Schedule applies. Notice of intent 2 (1) When an authorised officer proposes to impose a fixed monetary penalty on a person, the officer must serve on that person a notice of what is proposed (“a notice of intent”). (2) The notice of intent must include— (a) the grounds for the proposal to impose the fixed monetary penalty; (b) the amount of the penalty; (c) a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received; and (d) information as to— (i) the effect of that discharge payment, (ii) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received, and (iii) the circumstances in which an authorised officer may not impose the fixed monetary penalty. Discharge of liability 3 Liability for the fixed monetary penalty is discharged if a person who receives a notice of intent pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was received. Making representations and objections 4 A person on whom a notice of intent is served may within 28 days beginning with the day on which the notice was received make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty. Service of final notice 5 (1) If the person who has received a notice of intent does not discharge liability for the penalty within the 28 day period referred to in paragraph 4, the authorised officer may serve a final notice imposing a fixed monetary penalty. (2) If the authorised officer is satisfied on the balance of probabilities that a person would not be liable to comply with an improvement notice because— (a) that person is not a relevant business operator to whom regulation 5(1) applies; (b) the retail goods to which the improvement notice relates are not specified in a marking notice; (c) of any representation or objection made under paragraph 4; (d) of any other reason, that officer may not serve a final notice in relation to that improvement notice. (3) An authorised officer who serves a final notice imposing a fixed monetary penalty in relation to the failure to comply with an improvement notice may not serve any other notice under these Regulations in relation to the same failure to comply with that improvement notice. Contents of final notice 6 (1) A final notice must include information as to— (a) the amount of the fixed monetary penalty; (b) the grounds for imposing the penalty; (c) how payment may be made; (d) the period within which payment must be made; (e) the consequences of early and late payment; (f) rights of appeal; and (g) the consequences of non-payment. (2) The authorised officer may not serve a final notice after a period of six months beginning with the day which is the final day on which written representations and objections may be made in relation to the notice of intent, under paragraph 2(d)(ii). (3) The period mentioned in sub-paragraph (2) may be extended by agreement in writing between the authorised officer and the relevant business operator on whom the notice was served. Discount for early payment 7 If a person who was served with a notice of intent makes representations or objections concerning that notice within the time limit provided for in paragraph 4, that person may discharge liability under the final notice by paying 50% of the amount of the penalty within 14 days beginning with the day on which the final notice was received. Grounds of appeal 8 (1) The person receiving the final notice may appeal against it. (2) The grounds for appeal are— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable; (d) that the decision was wrong for any other reason. Appeals 9 (1) An appeal under paragraph 8 is to the First-tier Tribunal. (2) A final notice is suspended pending the determination or withdrawal of the appeal. (3) The First-tier Tribunal may withdraw, confirm or vary the final notice. Non-payment after 28 days 10 (1) The fixed monetary penalty must be paid within 28 days of receipt of the final notice. (2) If the fixed monetary penalty is not paid within 28 days the amount payable is increased by 50%. (3) In the case of an appeal the fixed monetary penalty must be paid within 14 days of the determination of the appeal (if the appeal is unsuccessful), and if it is not paid within 14 days the amount of the fixed monetary penalty is increased by 50%. Recovery of payments 11 An enforcement authority may recover any fixed monetary penalty imposed under this Schedule as a civil debt.