{
  "url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-51",
  "json_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018/article-51.json",
  "legislation": "ukdsi/2018/9780111172964",
  "legislation_title": "The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018",
  "legislation_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-claims-management-activity-order-2018",
  "path": "article/51",
  "kind": "article",
  "number": "51",
  "heading": "Penalties for conduct for which the Regulator has not given notice of proposed penalty",
  "text": "(1) This article applies where—\n(a) the FCA is satisfied that, after 28th December 2014 but before 1st April 2019, a relevant person (“A”)—\n(i) failed to comply with any of the conditions of authorisation referred to in regulation 12(5)(a), (b), (d) or (i) of the 2006 Regulations;\n(ii) failed to comply with a notice in writing given by the Regulator under regulation 36 of the 2006 Regulations; or\n(iii) in relation to a warrant issued under regulation 40 of the 2006 Regulations (issue of warrants generally), obstructed an attempt to—\n(aa) enter and search premises in accordance with the warrant;\n(bb) take possession of written or electronic records in accordance with an authorisation under paragraph (4) of that regulation; or\n(cc) take copies of written or electronic records in accordance with regulation 43 of the 2006 Regulations (copying of documents); and\n(b) on 1st April 2019, the Regulator has not given written notice to A under regulation 51 of the 2006 Regulations (notice of proposed penalty and written submissions) that the Regulator proposed to impose a penalty on A for the failure or the obstruction concerned (“the relevant default”).\n(2) For the purposes of the following sections of the 2000 Act, the relevant default is to be treated as a contravention of a relevant requirement (within the meaning given by section 204A(2) of that Act)—\n(a) section 206 (financial penalties);\n(b) section 206A (suspending permission to carry on regulated activities etc);\n(c) section 208 (decision notice).\n(3) For the purposes of paragraph (2), sections 206 and 208 of the 2000 Act are to be read as if a reference to an authorised person included a person who was, at any time before 1st April 2019, a 2006 Act authorised person.\n(4) In determining what, if any, financial penalty to impose on A, the FCA must have regard to—\n(a) any penalty or fine that has been imposed on A for the relevant default by another body;\n(b) any other steps that the Regulator or the FCA has taken, or that the FCA might take, in relation to the relevant default;\n(c) the nature and seriousness of the relevant default; and\n(d) the relevant turnover (within the meaning given by regulation 50) of A’s business.\n(5) A financial penalty imposed by the FCA for the relevant default—\n(a) where the relevant turnover of A’s business is less than £500,000, may not exceed £100,000;\n(b) where the relevant turnover of A’s business is £500,000 or more, may not exceed an amount equal to 20 per cent of that turnover.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 12(5) was amended by S.I. 2015/42."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Regulation 40 was amended by S.I. 2008/1441."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Regulation 42 was amended by S.I. 2008/1441."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation 51 was amended by S.I. 2008/1441."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Regulation 50 was amended by S.I. 2014/3239."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111172964/article/51",
    "retrieved_at": "2026-10-30T15:04:00.486580+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}