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Change 1
As published
10 Financial penalties
(1) This section is about provision that regulations under this Part conferring power on an enforcer to impose a financial penalty may or must (among other things) contain.
(2) The regulations must provide for the amount of a financial penalty to be—
(a) a specified amount or an amount determined in accordance with the regulations, or
(b) an amount not exceeding such an amount,
unless section 16 confers power to provide otherwise.
(3) The regulations must include provision—
(a) requiring an enforcer to produce guidance about how the enforcer proposes to exercise any discretion to determine the amount of a financial penalty and to have regard to such guidance in exercising its discretion;
(b) requiring an enforcer to publish the guidance;
(c) requiring an enforcer, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(d) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(e) requiring the enforcer, after the period for making representations, to decide whether to impose the financial penalty;
(f) requiring the enforcer, if they decide to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(g) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(h) as to the powers of the court or tribunal on such an appeal.
(4) The regulations may include provision—
(a) requiring or enabling an enforcer to provide copies of guidance described in subsection (3)(a) to specified persons;
(b) enabling a notice of intent or final notice to be withdrawn or amended;
(c) requiring an enforcer to withdraw a final notice in specified circumstances;
(d) for a financial penalty to be increased in the event of late payment by—
(i) a specified amount or an amount determined in accordance with the regulations, or
(ii) an amount not exceeding such an amount;
(e) as to how financial penalties are recoverable;
(f) about what must or may be done with amounts paid as penalties.
Your change, as a redline
10 Financial penalties
(1) This section is about provision that regulations under this Part conferring power on an enforcer to impose a financial penalty may or must (among other things) contain.
(2) The regulations must provide for the amount of a financial penalty to be—
(a) a specified amount or an amount determined in accordance with the regulations, or
(b) an amount not exceeding such an amount,
unless section 16 confers power to provide otherwise.
(3) The regulations must include provision—
(a) requiring an enforcer to produce guidance about how the enforcer proposes to exercise any discretion to determine the amount of a financial penalty and to have regard to such guidance in exercising its discretion;
(b) requiring an enforcer to publish the guidance;
(c) requiring an enforcer, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(d) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(e) requiring the enforcer, after the period for making representations, to decide whether to impose the financial penalty;
(f) requiring the enforcer, if they decide to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(g) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(h) as to the powers of the court or tribunal on such an appeal.
(4) The regulations may include provision—
(a) requiring or enabling an enforcer to provide copies of guidance described in subsection (3)(a) to specified persons;
(b) enabling a notice of intent or final notice to be withdrawn or amended;
(c) requiring an enforcer to withdraw a final notice in specified circumstances;
(d) for a financial penalty to be increased in the event of late payment by—
(i) a specified amount or an amount determined in accordance with the regulations, or
(ii) an amount not exceeding such an amount;
(e) as to how financial penalties are recoverable;
(f) about what must or may be done with amounts paid as penalties.
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