Regulation 13 Amendment of Article 9

(1)

Article 9 (administrative fines) is amended as follows.

(2)

In paragraph 1—

(a)

in the first subparagraph—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

in point (a), for “it” substitute “the Secretary of State”;

(b)

in the second subparagraph, for “Commission” substitute “Secretary of State”;

(c)

in the third subparagraph—

(i)

omit “shall be effective, proportional and dissuasive and”;

(ii)

for “EUR 30 000” substitute “£26,000”.

(3)

For paragraph 2, substitute—

“2.

Regulations may make provision in relation to administrative fines.

Regulations made under this paragraph may, in particular:

(a)
make provision about the amount of an administrative fine;

(b)
provide for the payment of an administrative fine into the consolidated fund;

(c)
set out the procedure to be followed in imposing an administrative fine;

(d)
set out the procedure for the collection and enforcement of an administrative fine;

(e)
provide for a right of appeal against the imposition of a penalty.”.

(4)

In paragraph 3—

(a)

for the opening words substitute “The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles”;

(b)

in point (a) omit “the procedure established by the Commission shall respect”;

(c)

in point (b)—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;

(iii)

for “taking” substitute “take”.

(5)

Omit paragraph 4.