PART 7Guidance
GuidanceI122
1
Each regulator must publish guidance about its use of civil sanctions under these Regulations in relation to an offence under Parts 2 to 4.
2
In the case of guidance relating to a variable monetary penalty, compliance notice or stop notice, the guidance must contain the relevant information set out in paragraph (3).
3
The relevant information referred to in paragraph (2) is information as to—
a
the circumstances in which the penalty or notice is likely to be imposed;
b
the circumstances in which it may not be imposed;
c
rights to make representations and objections and rights of appeal; and
d
in the case of a variable monetary penalty, the matters likely to be taken into account by the regulator in determining the amount of the penalty (including any discounts for voluntary reporting by any person of that person’s non-compliance).
4
The regulator must revise the guidance where appropriate.
5
The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation.
6
The regulator must have regard to the guidance or revised guidance in exercising its functions.
Additional guidanceI223
1
Guidance under section 64 of the Regulatory Enforcement and Sanctions Act 200818 relating to the use of non-compliance penalties and enforcement cost recovery notices must (in addition to the matters specified in section 64(2)) specify—
a
the circumstances in which they may not be imposed;
b
matters to be taken into account in determining the amount involved; and
c
rights of appeal.
2
In this regulation—
“enforcement cost recovery notice” has the meaning given by paragraph 27(1) of the Schedule;
“non-compliance penalty” has the meaning given by paragraph 24(1) of the Schedule.