Amendment of Article 9I113

1

Article 9 (administrative fines) is amended as follows.

2

In paragraph 1—

a

in the first subparagraph—

i

for “Commission” substitute “ Secretary of State ”;

ii

in point (a), for “it” substitute “ the Secretary of State ”;

b

in the second subparagraph, for “Commission” substitute “ Secretary of State ”;

c

in the third subparagraph—

i

omit “shall be effective, proportional and dissuasive and”;

ii

for “EUR 30 000” substitute “ £26,000 ”.

3

For paragraph 2, substitute—

2

Regulations may make provision in relation to administrative fines.

Regulations made under this paragraph may, in particular:

a

make provision about the amount of an administrative fine;

b

provide for the payment of an administrative fine into the consolidated fund;

c

set out the procedure to be followed in imposing an administrative fine;

d

set out the procedure for the collection and enforcement of an administrative fine;

e

provide for a right of appeal against the imposition of a penalty.

4

In paragraph 3—

a

for the opening words substitute “ The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles ”;

b

in point (a) omit “the procedure established by the Commission shall respect”;

c

in point (b)—

i

for “Commission” substitute “ Secretary of State ”;

ii

omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;

iii

for “taking” substitute “ take ”.

5

Omit paragraph 4.