- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
9.—(1) Subject to paragraph (2) and to regulation 11(1) and (3)(b), the Authority may issue a penalty notice to—
(a)a person where they are of the opinion that the person has—
(i)failed to comply with a compliance notice under regulation 7; or
(ii)contravened a provision under Part 2 of, or the Schedule to, these Regulations;
(b)a third party where they are of the opinion that the third party has failed to comply with a third party compliance notice under regulation 8.
(2) Where the Authority are of the opinion that a person has failed to comply with the requirement in regulation 6(1)(b) to publish a report on a publicly available website, accessible free of charge, the Authority must issue a penalty notice to that person.
(3) A penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.
(4) The amount of the penalty is to be determined by the Authority, but—
(a)for the purpose of a penalty notice issued under paragraph (1) or (2), must not exceed—
(i)£5,000 if the person is an individual; or
(ii)£50,000 if the person is a body corporate, Scottish partnership or any other person;
(b)for the purpose of a penalty notice issued under paragraph (2), must be at least £2,500.
(5) A penalty notice must—
(a)where it is issued to trustees, be issued to all the trustees of the scheme and specify their joint and several liability for the penalty;
(b)state the amount of the penalty;
(c)state the date by which the penalty must be paid, which must be at least 4 weeks after the date on which the notice is issued;
(d)state the period (if any) to which the penalty relates;
(e)if the notice is issued under paragraph (1)(a)(i) or (b) or (2), specify the failure to which the notice relates;
(f)if the notice is issued under paragraph (1)(a)(ii), specify the provision or provisions which have been contravened; and
(g)notify the person to whom the notice is issued of the review process under regulation 12 and the right of referral to a tribunal under regulation 13.
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.
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:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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: