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Changes over time for: Cross Heading: Power to impose civil penalties
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 17/12/2010
Status:
Point in time view as at 27/11/2008.
Changes to legislation:
There are currently no known outstanding effects for the Counter-Terrorism Act 2008, Cross Heading: Power to impose civil penalties.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Power to impose civil penaltiesU.K.
25(1)An enforcement authority may impose a penalty of such amount as it considers appropriate on a person who fails to comply with a requirement imposed—U.K.
(a)by a direction under this Schedule, or
(b)by a condition of a licence under paragraph 17.
For this purpose “appropriate” means effective, proportionate and dissuasive.
(2)No such penalty is to be imposed if the authority is satisfied that the person took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.
(3)In deciding whether to impose a penalty for failure to comply with a requirement, an enforcement authority must consider whether the person followed any relevant guidance which was at the time—
(a)issued by a supervisory authority or any other appropriate body,
(b)approved by the Treasury, and
(c)published in a manner approved by the Treasury as suitable in their opinion to bring the guidance to the attention of persons likely to be affected by it.
(4)In sub-paragraph (3) “appropriate body” means a body which regulates or is representative of any trade, profession, business or employment carried on by the person.
(5)A person on whom a penalty is imposed under this paragraph is not liable to be proceeded against for an offence under paragraph 30 in respect of the same failure.
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