# The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013, Paragraph 3


The Authority must have regard to—
(a) the seriousness of the failure in question in relation to the nature of the requirement not complied with;
(b) the behaviour of the person, including—
(i) the extent to which the behaviour was deliberate or reckless;
(ii) whether the person believed, on reasonable grounds, that the behaviour did not fall within regulation 26(1)(a) or (b);
(iii) whether the person took all reasonable precautions and exercised due diligence to avoid behaving in a way which fell within regulation 26(1)(a) or (b); and
(c) whether the person on whom the penalty is to be imposed is an individual.

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Source: https://www.legislation.gov.uk/uksi/2013/1389/schedule/3/paragraph/3 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-market-integrity-and-transparency-enforcement-etc-regulations-2013/schedule-3/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.