Opticians Act 1989
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Change 1
13H Financial penalty order
(1) In any case other than a health case in which the Fitness to Practise Committee have the power to impose a direction under section 13F above, they may impose, either in addition to the direction or instead of it, a financial penalty order. (2) A financial penalty order may specify any sum not exceeding the maximum penalty. (3) In this section, the “maximum penalty” means a sum not exceeding £50,000 or such higher sum as may be substituted by an order made under subsection (4) below. (4) If it appears to the Council that there has been a change in the value of money since the last occasion when the financial penalty was fixed, whether by this section or by an order under this section, the Council may by order amend subsection (3) above so as to substitute for the sum for the time being specified in subsection (3) above such other sum as appears to the Council justified by the change. (5) The Council shall publish an order made under subsection (4) above in such form as they consider appropriate. (6) An amendment made by order under subsection (4) above shall not apply where the event which gave rise to the allegation occurred before the order came into force. (7) A financial penalty order shall specify the period within which the sum specified in it is to be paid. (8) The Council may recover the sum specified in a financial penalty order from the person or body against whom the order was made if that person or body does not comply with it within the period specified in the order. (9) The Council shall pay any sum paid under a financial penalty order or recovered under subsection (8) above into the Consolidated Fund.
13H Financial penalty order
(1) In any case other than a health case in which the Fitness to Practise Committee have the power to impose a direction under section 13F above, they may impose, either in addition to the direction or instead of it, a financial penalty order. (2) A financial penalty order may specify any sum not exceeding the maximum penalty. (3) In this section, the “maximum penalty” means a sum not exceeding £50,000 or such higher sum as may be substituted by an order made under subsection (4) below. (4) If it appears to the Council that there has been a change in the value of money since the last occasion when the financial penalty was fixed, whether by this section or by an order under this section, the Council may by order amend subsection (3) above so as to substitute for the sum for the time being specified in subsection (3) above such other sum as appears to the Council justified by the change. (5) The Council shall publish an order made under subsection (4) above in such form as they consider appropriate. (6) An amendment made by order under subsection (4) above shall not apply where the event which gave rise to the allegation occurred before the order came into force. (7) A financial penalty order shall specify the period within which the sum specified in it is to be paid. (8) The Council may recover the sum specified in a financial penalty order from the person or body against whom the order was made if that person or body does not comply with it within the period specified in the order. (9) The Council shall pay any sum paid under a financial penalty order or recovered under subsection (8) above into the Consolidated Fund.
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