(1)The registrar may refer to the Professional Conduct Committee for investigation information in his possession which indicates that there may be grounds for imposing a financial penalty under this section.
(2)For the purposes of this section, a “relevant requirement” means a requirement for a body corporate to—
(a)provide information under subsection (2), (3) or (4) of section 43A;
(b)provide such information in the form and manner specified in any rules under subsection (6) of that section; or
(c)pay any fee in accordance with regulations under subsection (7) of that section.
(3)The Professional Conduct Committee may impose a financial penalty under this section if they are satisfied that a body corporate failed to comply with a relevant requirement.
(4)In such a case, a financial penalty may be imposed on—
(a)the body corporate concerned;
(b)any person who was a director of that body at the time of the body’s failure to comply with the relevant requirement in question; or
(c)both that body corporate and one or more persons within paragraph (b).
(5)But a financial penalty shall not be imposed on a director or former director of the body corporate if he satisfies the Professional Conduct Committee that, at the time of the body’s failure to comply with the relevant requirement in question, he had taken all reasonable steps to ensure that the body complied with that requirement.
(6)A financial penalty imposed under this section—
(a)in the case of a body corporate, must not exceed £5,000,
(b)in the case of a person within subsection (4)(b), must not exceed £1,000,
and is payable within such period as the Professional Conduct Committee shall specify at the time the penalty is imposed.
(7)If it appears to the Council that there has been a change in the value of money since the last occasion when the maximum amount of the financial penalty under subsection (6)(a) or (b) was fixed, whether by this section or by an order under this section, the Council may by order substitute for the sum for the time being specified in paragraph (a) or (b) of that subsection such higher sum as appears to the Council justified by the change.
(8)The Council shall publish an order under subsection (7) in such form as they consider appropriate.
(9)An order under subsection (7) shall not have effect in relation to any case where the failure to comply with the relevant requirement in question occurred before the order came into force.
(10)Where the Professional Conduct Committee determine to impose a financial penalty under this section, the registrar shall forthwith serve on the person on whom the penalty is imposed notification of—
(a)the imposition of the penalty;
(b)the amount of the penalty;
(c)the period within which it is to be paid; and
(d)the person’s right to appeal under section 44B against any of the matters notified under paragraphs (a), (b) or (c).
(11)Subject to subsection (12), the Council may recover the financial penalty from the person on whom it was imposed if the penalty is not paid within the period specified under subsection (6).
(12)A penalty may not be recovered under subsection (11) while proceedings by way of appeal under section 44B(1) are pending, or during the period in which any such proceedings may be brought.
(13)The Council shall pay any sum paid as a financial penalty, or recovered under subsection (11), into the Consolidated Fund.]
Textual Amendments
F1Ss. 43-44B substituted for ss. 43, 44 (coming into force in accordance with art. 1(4)-(7) of the amending S.I. (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008)) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 39 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)