The Commissioner must prepare and publish guidance about the Commissioner's use of the power to give a penalty notice.
The guidance must, in particular, include information as to—
the circumstances in which the Commissioner is likely to give—
a fixed penalty notice, or
a variable penalty notice, and
in the case of a variable penalty notice, the matters to which the Commissioner has regard in determining the amount of the penalty.
The Commissioner—
must from time to time review the guidance, and
may revise and republish the guidance following a review.
Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate.