(1)The Commissioner must have regard to the matters set out in subsection (2) when determining—
(a)whether to impose a civil penalty on any person, and
(b)the amount of any civil penalty.
(2)Those matters are—
(a)the seriousness of the matter in respect of which the civil penalty is to be imposed;
(b)the circumstances of the person on whom the civil penalty is to be imposed;
(c)the need to prevent the continuation or repetition of the matter in respect of which the civil penalty is to be imposed.
(3)Subsection (1) does not prevent the Commissioner from having regard to other matters.
(4)A civil penalty must not exceed £5,000.
(5)A civil penalty is recoverable by the Commissioner as a debt due to the Commissioner.
(6)The Commissioner must pay all civil penalties received by him or her into the Welsh Consolidated Fund.
(7)The Welsh Ministers may, by order, substitute a different amount for the amount that is specified for the time being in subsection (4).
(8)In this section “civil penalty” means any civil penalty that may be imposed by the Commissioner.
Commencement Information
I1S. 83 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)