Paragraph 3 Imposition of a variable monetary penalty

This paragraph applies where the management authority is satisfied on the balance of probabilities that a person has failed to comply with a relevant regulation.

The management authority may by notice impose on that person a requirement to pay a monetary penalty to the management authority in such amount as it may determine (“a variable monetary penalty”).

A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.

The amount of a variable monetary penalty may not be more than £5,000.

Before serving a notice imposing a variable monetary penalty, the management authority may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the failure to comply.

The management authority may recover any variable monetary penalty imposed under this paragraph as if payable under order of the court.