The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024

Monetary penalties: procedural rights

11.—(1) Before imposing a monetary penalty on a person under regulation 5(1), the Secretary of State must inform the person of the Secretary of State’s intention to do so.

(2) The Secretary of State must also—

(a) explain the grounds for imposing the penalty,

(b) specify the amount of the penalty,

(c) explain that the person is entitled to make representations, and

(d) specify the period within which any such representations must be made.

(3) If the Secretary of State decides to impose the penalty (having considered any representations), the Secretary of State must—

(a) inform the person of the decision,

(b) explain that the person is entitled to seek a review by the Secretary of State, and

(c) specify the period within which the person must inform the Secretary of State that the person wishes to seek such a review.

(4) If the person seeks a review, the Secretary of State may—

(a) uphold the decision to impose the penalty and its amount,

(b) uphold the decision to impose the penalty but substitute a different amount, or

(c) cancel the decision to impose the penalty.

(5) If on a review under paragraph (4) the Secretary of State decides to uphold the decision to impose the penalty and its amount, or to uphold the decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.

(6) On an appeal under paragraph (5), the Upper Tribunal may—

(a) quash the Secretary of State’s decision to impose the penalty;

(b) uphold that decision but substitute a different amount for the amount determined by the Secretary of State.