C6Part XIV Disciplinary Measures

Annotations:
Modifications etc. (not altering text)
C6

Pt. XIV (ss. 205-211) applied (1.12.2001) by 1951 c. 65, s. 57(5) (as substituted (1.12.2001) by S.I. 2001/3647, art. 5, Sch. 3 Pt. I para. 5(3))

C1C2C3C4210 Statements of policy.

1

The Authority must prepare and issue a statement of its policy with respect to—

a

the imposition of penalties under this Part; and

b

the amount of penalties under this Part.

2

The Authority’s policy in determining what the amount of a penalty should be must include having regard to—

a

the seriousness of the contravention in question in relation to the nature of the requirement contravened;

b

the extent to which that contravention was deliberate or reckless; and

c

whether the person on whom the penalty is to be imposed is an individual.

3

The Authority may at any time alter or replace a statement issued under this section.

4

If a statement issued under this section is altered or replaced, the Authority must issue the altered or replacement statement.

5

The Authority must, without delay, give the Treasury a copy of any statement which it publishes under this section.

6

A statement issued under this section must be published by the Authority in the way appearing to the Authority to be best calculated to bring it to the attention of the public.

C57

In exercising, or deciding whether to exercise, its power under section 206 in the case of any particular contravention, the Authority must have regard to any statement published under this section and in force at the time when the contravention in question occurred.

8

The Authority may charge a reasonable fee for providing a person with a copy of the statement.