Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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Part 1Functions exercisable on behalf of public authorities
Chapter 5Civil penalties
57Procedural rights
(1)
This section and sections 58 and 59 set out steps that must be taken before the Minister may impose a penalty on a person under section 51 or 54.
(2)
Where the Minister proposes that a person should be given a penalty under section 51 or 54, the Minister must give the person a notice (a “notice of intent”) inviting them to make representations about the proposed penalty.
(3)
The notice of intent must include—
(a)
the amount of the proposed penalty,
(b)
the reasons for the penalty being of that amount, and
(c)
the means by which, and the period within which, representations may be made.
(4)
The period must be at least 28 days beginning with the day after the day on which the notice is given.
(5)
The Minister must—
(a)
consider any representations received in accordance with the notice, and
(b)
in light of those representations—
(i)
decide whether to impose the penalty, and
(ii)
make any changes to the terms of the proposed penalty that the Minister considers appropriate.
(6)
Where the Minister decides not to impose a penalty on the person, the Minister must give the person a notice to that effect.