{
  "url": "https://openlegislation.uk/health-and-care-act-2022/schedule-19/paragraph-8",
  "json_url": "https://openlegislation.uk/health-and-care-act-2022/schedule-19/paragraph-8.json",
  "legislation": "ukpga/2022/31",
  "legislation_title": "Health and Care Act 2022",
  "legislation_url": "https://openlegislation.uk/health-and-care-act-2022",
  "path": "schedule/19/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Financial penalties",
  "text": "(1) The regulations may confer power on a local authority to impose a financial penalty in relation to—\n(a) the breach of a prohibition imposed by virtue of section 180(1);\n(b) the breach of a condition attached to a licence.\n(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.\n(3) If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.\n(4) If the regulations confer power to impose a financial penalty they must include provision—\n(a) requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;\n(b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;\n(c) requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;\n(d) requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;\n(e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;\n(f) as to the powers of the court or tribunal on such an appeal.\n(5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—\n(a) enabling a notice of intent or final notice to be withdrawn or amended;\n(b) requiring the local authority to withdraw a final notice in circumstances specified in the regulations;\n(c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;\n(d) as to how financial penalties are recoverable.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 19 para. 8 not in force at Royal Assent, see s. 186(6)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 19 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/31/schedule/19/paragraph/8",
    "retrieved_at": "2026-10-29T08:56:41.503468+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."
}