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Product Security and Telecommunications Infrastructure Act 2022
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37Determining the amount of a penaltyU.K.
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(1)A penalty imposed by a penalty notice must be of an amount that the Secretary of State considers to be—
(a)appropriate, and
(b)proportionate to the relevant breach in respect of which it is imposed.
(2)In determining the amount of a penalty to be imposed by a penalty notice on a person, the Secretary of State must take into account the following matters (among others)—
(a)the effects of the relevant breach in respect of which the penalty is imposed;
(b)any action taken by the person to remedy the relevant breach or mitigate its effects.
(3)In this section “relevant breach” has the same meaning as in section 36.
Commencement Information
I1S. 37 not in force at Royal Assent, see s. 79
I2S. 37 in force at 29.4.2024 by S.I. 2023/469, reg. 3
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