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).