SCHEDULE 4Designation of alternative arrangements etc.

Penalties9

1

The Regulator may require the operator to pay a penalty where the operator has failed to comply—

a

with a notice to provide information issued under paragraph 7; or

b

a direction given under paragraph 8.

2

A penalty—

a

must be paid to the Regulator, and

b

may be enforced by the Regulator as a debt.

3

The Regulator must prepare a statement of principles which it must apply in determining—

a

whether to impose a penalty, and

b

the amount of the penalty.

4

The Regulator must—

a

publish the statement on its website;

b

send a copy to the Treasury;

c

review the statement from time to time and revise it if necessary (and paragraphs (a) and (b) apply to any such revision), and

d

when applying the statement, apply the version in force at the time when the failure to comply with the relevant requirements set out in sub-paragraph (1)(a) and (b) occurred.