- Latest available (Revised)
- Point in Time (01/04/2018)
- Original (As made)
Point in time view as at 01/04/2018.
There are currently no known outstanding effects for the The Fulfilment Businesses Regulations 2018,
PART 4
.
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.
14.—(1) The Commissioners may assess a penalty where a person fails to comply with—
(a)the requirements set out in regulation 4(2),
(b)any condition or restriction to which an approval is subject, or
(c)the obligations set out in Part 3.
(2) In this Part references to a “contravention” are to failing to comply with the requirements, conditions, restrictions or obligations mentioned in paragraph (1)(a) to (c).
(3) If the Commissioners assess a penalty they must give notice to the person who is liable for the penalty.
(4) A notice under paragraph (3) must state the contravention in respect of which the penalty is assessed.
(5) An assessment of a penalty under this Part may not be made later than one year after evidence of facts sufficient in the opinion of the Commissioners to indicate the contravention comes to their knowledge.
(6) Two or more contraventions may be treated by the Commissioners as a single contravention for the purposes of assessing a penalty under this Part.
Commencement Information
15.—(1) The amount of the penalty is—
(a)£500 for a contravention of the requirement imposed under regulation 4(2),
(b)subject to paragraph (2), £500 for each month that a contravention referred to in sub-paragraph (a) continues,
(c)£3,000 for each contravention of the obligations imposed under regulation 8, and
(d)in all other cases, £500 for each contravention.
(2) The total amount of penalties under paragraph (1)(a) and (b) must not exceed £3,000.
Commencement Information
16.—(1) If the Commissioners think it right because of special circumstances, they may reduce a penalty under this Part.
(2) In paragraph (1), “special circumstances” does not include inability to pay.
Commencement Information
17.—(1) Liability to a penalty does not arise under this Part if the person who would otherwise be liable for the penalty satisfies the Commissioners or (on an appeal made to the appeal tribunal) the tribunal that there is a reasonable excuse for the contravention.
(2) For the purposes of paragraph (1), reliance on another person to do anything is not a reasonable excuse unless the person otherwise liable for the penalty took reasonable care to avoid the contravention.
(3) In this regulation “appeal tribunal” has the same meaning as in Chapter 2 of Part 1 of the Finance Act 1994 M1.
Commencement Information
I4Reg. 17 in force at 1.4.2018 for specified purposes and in force at 1.4.2019 otherwise, see reg. 1(3)
Marginal Citations
18.—(1) A penalty payable under this Part must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
(2) A penalty under this Part is recoverable as a debt due to the Crown.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: