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Change 1
As published
93 Regulations under section 92: enforcement
(1) Regulations under section 92(1) may make provision for the enforcement of requirements imposed by the regulations, including provision conferring on the Secretary of State the power to impose a financial penalty on a person who, without reasonable excuse—
(a) fails to comply with such a requirement, or
(b) provides information in response to such a requirement that is false or misleading to a material extent.
(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(3) Regulations by virtue of subsection (1) must include provision—
(a) requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c) requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
(d) requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(f) as to the powers of the court or tribunal on such an appeal.
(4) The provision that may be made by the regulations by virtue of subsection (1) includes provision—
(a) enabling a notice of intent or final notice to be withdrawn or amended;
(b) requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
(c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
(d) as to how financial penalties are recoverable.
Your change, as a redline
93 Regulations under section 92: enforcement
(1) Regulations under section 92(1) may make provision for the enforcement of requirements imposed by the regulations, including provision conferring on the Secretary of State the power to impose a financial penalty on a person who, without reasonable excuse—
(a) fails to comply with such a requirement, or
(b) provides information in response to such a requirement that is false or misleading to a material extent.
(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(3) Regulations by virtue of subsection (1) must include provision—
(a) requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c) requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
(d) requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(f) as to the powers of the court or tribunal on such an appeal.
(4) The provision that may be made by the regulations by virtue of subsection (1) includes provision—
(a) enabling a notice of intent or final notice to be withdrawn or amended;
(b) requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
(c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
(d) as to how financial penalties are recoverable.
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