HEALTH AND PERSONAL SOCIAL SERVICES Citation, commencement and interpretation 1 1 These Regulations may be cited as the Health and Personal Social Services (Penalty Charge) Regulations (Northern Ireland) 2002 and shall come into operation on 10th June 2002. 2 In these Regulations— “ the Order ” means the Health and Personal Social Services (Northern Ireland) Order 1972; and “surcharge” has the meaning given in regulation 4. Service of a penalty notice 2 1 Where a person fails to pay any amount referred to in paragraph 6(1)( a ) or ( b ) of Schedule 15 to the Order, the responsible authority may serve a penalty notice requiring the person, within the period of 28 days beginning with the date on which the penalty notice was sent, to pay that amount to the responsible authority together with a penalty charge determined in accordance with regulation 3. 2 The penalty notice shall state— a the name of the person liable to pay the amount required to be paid under the penalty notice; b the amount recoverable as mentioned in paragraph 6(1)( a ) or ( b ) of Schedule 15 to the Order; c the amount of the penalty charge calculated in accordance with regulation 3; d the sum of the amounts referred to in sub-paragraphs ( b ) and ( c ), which shall represent the total amount required to be paid under the penalty notice; e in relation to the total amount required to be paid under the penalty notice— i the responsible authority to whom that amount shall be paid; ii the address to which that amount shall be sent; iii the methods by which payment may be made; and iv in accordance with paragraph (1), the date by which that amount shall be paid to the responsible authority; f that if the person fails to pay the amount he is required to pay by the date specified in the penalty notice— i the person must also pay to the responsible authority a surcharge; ii the amount of the surcharge he must pay, calculated in accordance with regulation 4(2); and g that a person is not liable by virtue of a penalty notice— i to pay at any time so much of any amount referred to in paragraph 6(1)( a ) or ( b ) of Schedule 15 to the Order for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other, or ii to a penalty charge, or a surcharge, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question. Calculation of penalty charge 3 The amount of the penalty charge shall be whichever is the smaller of— a £100, and b the amount referred to in paragraph 6(1)( a ) or ( b ) of Schedule 15 to the Order, multiplied by 5. Surcharge 4 1 Where a person fails to pay the amount required to be paid under the penalty notice in accordance with regulation 2(1), he shall, in addition, be liable to pay to the responsible authority a further sum (in these Regulations referred to as “a surcharge”), calculated in accordance with paragraph (2). 2 The amount of the surcharge shall be 50% of the amount of the penalty charge (rounded down, where necessary, to the nearest whole penny). Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th May 2002. A. Hamilton Senior Officer of the Department of Health, Social Services and Public Safety The Department of Finance and Personnel hereby approves the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 10th May 2002. R. Scott Senior Officer of the Department of Finance and Personnel