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Regulation of Investigatory Powers Act 2000

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Changes over time for: Cross Heading: Enforcement of notices

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No versions valid at: 01/04/2005

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Point in time view as at 01/04/2005. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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Regulation of Investigatory Powers Act 2000, Cross Heading: Enforcement of notices is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Valid from 17/06/2011

[F1Enforcement of noticesU.K.

11(1)The Commissioner may serve a Part 2 monetary penalty notice on a person if the person—U.K.

(a)without reasonable excuse refuses or fails to comply with an information notice, or

(b)knowingly or recklessly gives any information which is false in a material particular in response to an information notice.

(2)Subject to sub-paragraphs (3) to (7), Part 1 of this Schedule applies in relation to a Part 2 monetary penalty notice and the penalty that relates to that notice as it applies in relation to a Part 1 monetary penalty notice and the penalty that relates to that notice.

(3)The amount of the monetary penalty determined by the Commissioner and specified in the Part 2 monetary penalty notice may be—

(a)a fixed amount,

(b)an amount calculated by reference to a daily rate, or

(c)a fixed amount and an amount calculated by reference to a daily rate,

provided that the total amount payable does not exceed £10,000.

(4)In the case of an amount calculated by reference to a daily rate—

(a)no account is to be taken of the day on which the Part 2 monetary penalty notice is served or any day before that day, and

(b)the Part 2 monetary penalty notice must specify—

(i)i)the day on which the amount first starts to accumulate and the circumstances in which it is to cease to accumulate, and

(ii)the period or periods within which the amount, or any part or parts so far accumulated, must be paid to the Commissioner (provided that no such period ends less than 28 days beginning with the day after the day on which the notice is served).

(5)The provisions in Part 1 of this Schedule so far as relating to enforcement obligations do not apply in relation to a Part 2 monetary penalty notice.

(6)Paragraph 3 applies by virtue of sub-paragraph (2) above as if—

(a)paragraph 3(6)(b)(i), the word “or” at the end of that sub-paragraph (i) and the word “other” in paragraph 3(6)(b)(ii) were omitted, and

(b)in paragraph 3(13) the references to an interception were references to conduct falling within paragraph 11(1)(a) or (b).

(7)Paragraph 4(5) applies by virtue of sub-paragraph (2) above as if the references to an interception were references to conduct falling within paragraph 11(1)(a) or (b).]

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