PART 4Offences and penalties
Offences
Offence relating to onward disclosure of personal informationI530
1
A person commits an offence if—
b
the disclosure relates to any person whose identity—
i
is specified in the disclosure, or
ii
can be deduced from it, and
c
the disclosure is made other than in accordance with—
i
an enactment,
ii
an order of a court, or
iii
the written consent of the person to whom the information relates.
2
It is a defence for a person charged with an offence under this regulation to prove that the person reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
3
A person guilty of an offence under this regulation is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding 12 months, to a fine or to both;
ii
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
iii
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.
Penalties
Penalty for dishonest conductI231
1
A person is liable to a penalty under this regulation if the person engages in dishonest conduct in connection with the process of making a determination of a child’s eligibility for childcare under section 1 of the Act.
2
The amount of the penalty must not exceed £3,000.
Penalty for false or misleading informationI332
1
A person is liable to a penalty under this regulation if the person, by reason of a failure to take reasonable care, provides false or misleading information, or makes or provides a false or misleading statement, in connection with a determination of a child’s eligibility for childcare under section 1 of the Act.
2
Despite paragraph (1), the person is not liable to the penalty if the person—
a
becomes aware of the false or misleading information or statement, and
b
takes reasonable steps to inform the Commissioners or the responsible local authority (as the case may be).
3
The amount of the penalty must not exceed £500.
Penalty for material inaccuracy in declarationI633
1
A person is liable to a penalty under this regulation if, by reason of a failure to take reasonable care, the person includes a material inaccuracy in a declaration.
2
The amount of the penalty must not exceed £300.
Assessment of penaltyI134
1
a
the Commissioners may, subject to paragraph (3), assess the penalty, and
b
if they do so, they must notify the person.
2
The notification must include a statement to the effect that the person has—
a
a right to apply to the Commissioners for a review of the penalty or its amount (see regulation 36), and
b
a right to appeal to the First-tier Tribunal against the determination, but only after the Commissioners have considered an application for a review (see regulation 40).
3
The Commissioners must not assess a penalty in relation to a person after the end of whichever of the following ends first—
a
the period of one year beginning with the day on which the Commissioners first believed, or had reasonable grounds for believing, the person was liable to the penalty;
b
in the case of a penalty under regulation 31, the period of 20 years beginning with the day on which the person became liable to the penalty;
c
in the case of a penalty under regulation 32, the period of four years beginning with the day on which the person became liable to the penalty.
Enforcement of penaltyI435
1
This regulation applies if the Commissioners notify a person of a penalty (see regulation 34).
2
The person must pay the penalty—
a
if the person does not apply for a review (see regulation 36)—
i
within 30 days of the day on which the notification is made, or
ii
if the person is granted an extension to their right to apply for a review, on or before the date notified under regulation 37(5)(a)(ii);
b
if the person applies for a review, unless the penalty is set aside, within 30 days of the day on which the person is notified of the outcome of the review (see regulation 38(5));
c
if the person gives notice of appeal (see regulation 39), unless the penalty is set aside, on or before the day after the day on which—
i
the First-tier Tribunal gives a decision (see regulation 42), or
ii
if the person gives notice of the withdrawal of their case, the First-tier Tribunal consents to that withdrawal.
3
A penalty may be enforced as if it were income tax charged in an assessment and due and payable.