Sch 2 para 6 Decision whether to impose a fixed monetary penalty
(1) At the end of the 28 day period for making representations and objections under paragraph 5, the administrator must decide whether to impose the fixed monetary penalty. (2) In making a decision under this paragraph an administrator must take into consideration any representations or objections made by the seller in accordance with that paragraph. (3) An administrator may not decide to impose a fixed monetary penalty in any of the following circumstances— (a) if liability to a fixed monetary penalty in respect of the same breach has been discharged by payment of the specified sum; (b) if a fixed monetary penalty has previously been imposed in respect of the same breach; (c) if a discretionary requirement has been imposed in respect of the same act or omission; (4) Without restricting the power under sub-paragraph (1), an administrator may decide not to impose a fixed penalty if the administrator considers that in all the circumstances of the case it would be inexpedient to do so. (5) Where the administrator decides to impose the fixed monetary penalty it must do so by serving the final notice on the seller . (6) The final notice must comply with paragraph 7.