CH270200 - How to do a compliance check: Penalties for failure to comply with Information and Inspection notices: Daily penalties

If the failure to comply with your information notice or the obstruction of your tribunal-approved inspection continues after you have assessed an initial £300 penalty you need to consider assessing daily penalties, see CH26660.

Before you do this you should review the case with your line manager and try to make contact with the person to whom you sent the notice to see if you can help them to comply.

You must get agreement, in writing, from an authorised officer to assess daily penalties. A template, CHApp2.3 (Internal Template IT03 in SEES Forms and Letters) is available for you to make your report to an authorised officer. The authorised officer may use template CHApp2.4 (Internal Template IT04 in SEES Forms and Letters) to reply.

When you decide the amount of daily penalty you should consider the factors set out at CH26680.

CH26700 explains what period to assess for daily penalties. You should not delay assessing daily penalties as the amount to be assessed may mount up quickly. You should consider assessing daily penalties 30 days after an initial penalty and each 30 days thereafter.

CH26860 explains the time limits within which you must issue a penalty assessment.

Penalty assessment charges will be created on SAFE by the SAFE Nominee, see CH270500.

When you assess the penalty you should send the person

• a notice of assessment (with a copy to the agent if there is one)
• a payslip (generated through Print Payslip using the SAFE charge reference. If you do not have access to a stand-alone printer use manual payslip PS1(NUS) and enter the SAFE charge reference).

You should send a copy of the information notice with your penalty notice, marking the copy to show what you still need the person to provide and/or produce in order to comply.

The following penalty notice templates are available on SEES Forms and Letters

• IIP14 Information - daily penalties
• IIP15 Information - daily penalties 2nd tranche
• IIP18 Inspection - daily penalties
• IIP19 Inspection - daily penalties 2nd tranche

A penalty notice must be signed by someone at grade HO or above.