# Copyright, Designs and Patents Act 1988, Paragraph 5


(1) The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—
(a) a requirement to adopt a code of practice under provision within paragraph 1(1);
(b) a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);
(c) a requirement imposed on the body under any other provision made under this Schedule;
(d) an authorisation under regulations under section 116A or 116B;
(e) a requirement imposed by regulations under section 116A or 116B;
(f) an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;
(g) a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.
(2) The regulations may in particular provide for—
(a) the imposition of financial penalties or other sanctions;
(b) the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.
(3) The regulations must include provision—
(a) for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);
(b) for determining any sanction that may be imposed in respect of the failure to comply;
(c) for an appeal against a determination within paragraph (a) or (b).
(4) A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.
(5) The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.
(6) The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.

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Source: https://www.legislation.gov.uk/ukpga/1988/48/schedule/A1/paragraph/5 (the official version)
Page: https://openlegislation.uk/copyright-designs-and-patents-act-1988/schedule-A1/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.