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44.—(1) The penalties in paragraph (2) apply where a responsible undertaking fails to maintain records, contrary to regulation 28.
(2) The penalties are—
(a)the financial penalties of—
(i)an initial penalty of up to £5,000, and
(ii)a sum representing the cost to the compliance body of confirming the responsible undertaking has complied with the Scheme, and
(b)the publication penalty.
(3) The penalty notice may specify the steps the compliance body requires the responsible undertaking to take to remedy the breach.