Part III Licensing of Credit and Hire Businesses
Miscellaneous
39BF1Further provision relating to civil penalties
1
Before determining to impose a penalty on a person under section 39A the OFT shall give a notice to that person—
a
informing him that it is minded to impose a penalty on him;
b
stating the proposed amount of the penalty;
c
setting out its reasons for being minded to impose a penalty on him and for proposing that amount;
d
setting out the proposed period for the payment of the penalty; and
e
inviting him to submit representations to it about the matters mentioned in the preceding paragraphs in accordance with section 34.
2
In determining whether and how to exercise its powers under section 39A in relation to a person's failure, the OFT shall have regard to (amongst other things)—
a
any penalty or fine that has been imposed on that person by another body in relation to the conduct giving rise to the failure;
b
other steps that the OFT has taken or might take under this Part in relation to that conduct.
3
General notice shall be given of the imposition of a penalty under section 39A on a person who is a responsible person in relation to a group licence.
4
That notice shall include the matters set out in the notice imposing the penalty in accordance with section 39A(2)(a) and (b).