C1Part VI Official Listing
Penalties
93 Statement of policy.
1
The competent authority must prepare and issue a statement (“its policy statement”) of its policy with respect to—
a
the imposition of penalties under section 91; and
b
the amount of penalties under that section.
2
The competent 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 competent authority may at any time alter or replace its policy statement.
4
If its policy statement is altered or replaced, the competent authority must issue the altered or replacement statement.
5
In exercising, or deciding whether to exercise, its power under section 91 in the case of any particular contravention, the competent authority must have regard to any policy statement published under this section and in force at the time when the contravention in question occurred.
6
The competent authority must publish a statement issued under this section in the way appearing to the competent authority to be best calculated to bring it to the attention of the public.
7
The competent authority may charge a reasonable fee for providing a person with a copy of the statement.
8
The competent authority must, without delay, give the Treasury a copy of any policy statement which it publishes under this section.
Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)