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Change 1
As published
92C Power to impose monetary penalties
(1) The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person—
(a) has failed to comply with—
(i) the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or
(ii) any other requirement imposed on the person by or under this Part, or
(b) has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).
(2) In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.
(3) A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner—
(a) an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or
(b) an amount specified by the Commissioner in the notice (a “variable penalty notice”).
(4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.
(5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.
(6) In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.
(7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—
(a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;
(b) in any other case, £15,000.
(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).
(9) In this section and sections 92D to 92H—
“penalty notice” means a notice under this section;
“fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3).
Your change, as a redline
92C Power to impose monetary penalties
(1) The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person—
(a) has failed to comply with—
(i) the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or
(ii) any other requirement imposed on the person by or under this Part, or
(b) has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).
(2) In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.
(3) A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner—
(a) an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or
(b) an amount specified by the Commissioner in the notice (a “variable penalty notice”).
(4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.
(5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.
(6) In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.
(7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—
(a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;
(b) in any other case, £15,000.
(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).
(9) In this section and sections 92D to 92H—
“penalty notice” means a notice under this section;
“fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3).
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