SCHEDULES
SCHEDULE 19Licensing of cosmetic procedures
8Financial penalties
1
The regulations may confer power on a local authority to impose a financial penalty in relation to—
a
the breach of a prohibition imposed by virtue of section 180(1);
b
the breach of a condition attached to a licence.
2
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3
If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.
4
If the regulations confer power to impose a financial penalty they must include provision—
a
requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c
requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;
d
requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e
enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
f
as to the powers of the court or tribunal on such an appeal.
5
The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
a
enabling a notice of intent or final notice to be withdrawn or amended;
b
requiring the local authority to withdraw a final notice in circumstances specified in the regulations;
c
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d
as to how financial penalties are recoverable.