Regulation 11 Power to order a penalty

(1)

Where a tribunal—

(a)

determines that a respondent has failed to comply with an order made under regulation 2 or 8; and

(b)

is of the opinion that the respondent has no reasonable excuse for failing to comply with the order,

the tribunal may order the respondent to pay a penalty to the Secretary of State.

(2)

Where the respondent fails to comply with an order made following a hearing fixed in accordance with regulation 8(6), the tribunal may order the respondent to pay—

(a)

an additional penalty or a further additional penalty, if the tribunal previously ordered the respondent to pay a penalty or an additional penalty; or

(b)

a penalty, if the tribunal previously decided not to order the respondent to pay a penalty, because the tribunal was then of the opinion that there was a reasonable excuse for not complying with an earlier order or otherwise.

(3)

The tribunal must have regard to the respondent’s ability to pay—

(a)

in deciding whether to order the respondent to pay a penalty or an additional penalty under this regulation; and

(b)

in deciding the amount of a penalty or an additional penalty.

(4)

The amount of each penalty or additional penalty ordered under this regulation must not exceed £5,000.