(1) The designated competent authority for an OES may serve a notice of intention to impose a penalty on the OES if it has reasonable grounds to believe that the OES has failed to comply with a duty referred to in regulation 17(1) or the duty set out in regulation 17(3A) and considers that a penalty is warranted having regard to the facts and circumstances of the case.

(2) The Information Commissioner may serve a notice of intention to impose a penalty on a RDSP if it has reasonable grounds to believe that the RDSP has failed to comply with a duty referred to in regulation 17(2) or the duty set out in regulation (3A) and considers that a penalty is warranted having regard to the facts and circumstances of the case.

(3) A notice of intention to impose a penalty must be in writing and must specify the following -

(a) the reasons for imposing a penalty;

(b) the sum that is intended to be imposed as a penalty and how it is to be paid;

(c) the date on which the notice of intention to impose a penalty is given;

(d) the period within which a penalty will be required to be paid if a penalty notice is served