Waiver and modificationU.K.
32.—(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).
Commencement Information
I1Reg. 32 in force at 31.8.2010, see reg. 1