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SCHEDULE 4FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 2Mitigating factors

1.  Action taken to eliminate or reduce the risk of harm resulting from the non-compliance.

2.  Action taken by P to repair the harm done by the non-compliance.

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance.

4.  Whether P reported the non-compliance to the enforcement authority.

5.  Financial resources of P.

6.  Size of P’s business.

7.  Availability of the non-compliant product, including the number of retail shops in which it has been marketed.

8.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority.