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Paragraph 2 Power to impose non-compliance penalties

Original text. Later amendments are not shown.

(1)

If a seller fails to comply with a non-monetary discretionary requirement the Administrator may by notice impose a non-compliance penalty on the seller.

(2)

A non-compliance penalty may be imposed in respect of a complete or partial failure to comply with a non-monetary discretionary requirement.

(3)

A non-compliance penalty may be imposed irrespective of whether a variable monetary penalty was imposed in addition to the non-monetary discretionary requirement to which the non-compliance penalty relates.

(4)

The amount of a non-compliance penalty is to be determined by the Administrator.

(5)

The maximum penalty which may be imposed by the Administrator as a non-compliance penalty is the amount specified in sub-paragraph (6)by reference to the kind of failure concerned.

(6)

The maximum penalties are—

(a)

£5,000 in relation to a partial failure;

(b)

£5,000 in relation to a complete failure.