Paragraph 1 Imposition of a variable monetary penalty, compliance notice or restoration notice
The Regulator may by notice impose—
a requirement to pay a monetary penalty of such amount as the Regulator may determine (“a variable monetary penalty”);
a requirement to take such steps as the Regulator may specify, before the end of such period as the Regulator may specify, to secure that the offence does not continue or recur (“a compliance notice”);
a requirement to take such steps as the Regulator may specify, before the end of such period as the Regulator may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed (“a restoration notice”).
Before exercising the power in sub-paragraph (1) the Regulator must be satisfied beyond reasonable doubt that—
the person on whom the notice is to be served has committed an offence under these Regulations; and
notwithstanding any defence raised, the person would be liable to be convicted of that offence.
A requirement under this paragraph may not be imposed on a person on more than one occasion in relation to the same act or omission but requirements under paragraph (a), (b) or (c) of sub-paragraph (1) may be imposed on a person in relation to the same act or omission.
Where a variable monetary penalty is issued, the amount must not exceed £250,000.