PART 8Civil penalties
Waiver and modification32
1
Subject to paragraph (3), paragraph (2) applies where—
a
within 8 weeks of the service of the notice under regulation 30(1) the relevant person (“P”) demonstrates to the satisfaction of the regulator (or the regulator at any time becomes satisfied) that P exercised all due diligence and took all steps possible—
i
to comply with the provision of these Regulations giving rise to the penalty; or
ii
to rectify any failure in compliance as soon as it came to P’s notice, provided that P was acting reasonably in being unaware of the failure in compliance; and
b
in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).
2
The regulator may—
a
waive a civil penalty;
b
impose or substitute a lower civil penalty;
c
allow P a period of no more than 31 days to rectify any failure in compliance before it imposes a civil penalty, subject to such conditions (if any) as it considers appropriate;
d
extend the time for payment.
3
Paragraph (2) does not apply where P is liable to a civil penalty under regulation 38 or where a civil penalty under that regulation has been imposed.
4
In this regulation—
a
“the relevant person” means the person who is liable to a civil penalty under regulations 33 to 41, or on whom a civil penalty has been imposed;
b
“impose” means impose by virtue of a notice under regulation 30(1) or (2).