The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

Penalties E+W+S

21.—(1) A penalty notice issued under regulation 20 must specify—

(a) the amount of the penalty which is payable;

(b) the date before which the penalty must be paid;

(c) the failure and period to which the penalty relates.

(2) No penalty set by the Appeal Tribunal under this regulation may exceed £75,000.

(3) When setting the amount of the penalty, the Appeal Tribunal must take into account—

(a) the gravity of the failure;

(b) the period of time over which the failure occurred;

(c) the reason for the failure;

(d) the number of employees affected by the failure;

(e) the number of employees employed by the undertaking.

(4) The date specified under paragraph (1)(b) must not be earlier than the end of the period within which an appeal against a decision or order made by the CAC under regulation 20 may be made.

(5) If the specified date in a penalty notice has passed and —

(a) the period during which an appeal may be made has expired without an appeal having been made, or

(b) such an appeal has been made and determined,

the Secretary of State may recover from the SE [F1 or the UK Societas], as a civil debt due to the Secretary of State, any amount payable under the penalty notice which remains outstanding.

(6) The making of an appeal suspends the effect of the penalty notice.

(7) Any sums received by the Secretary of State under regulation 20 or this regulation must be paid into the Consolidated Fund.

Textual Amendments

F1 Words in reg. 21 inserted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 55 (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)