# Health and Care Act 2022, Paragraph 8: Financial penalties

Extent: E+W

(1) The regulations may confer power on a local authority to impose a financial penalty in relation to—
(a) the breach of a prohibition imposed by virtue of section 180(1);
(b) the breach of a condition attached to a licence.
(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(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.
(4) If the regulations confer power to impose a financial penalty they must include provision—
(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;
(b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c) requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;
(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;
(e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(f) as to the powers of the court or tribunal on such an appeal.
(5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
(a) enabling a notice of intent or final notice to be withdrawn or amended;
(b) requiring the local authority to withdraw a final notice in circumstances specified in the regulations;
(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;
(d) as to how financial penalties are recoverable.

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Source: https://www.legislation.gov.uk/ukpga/2022/31/schedule/19/paragraph/8 (the official version)
Page: https://openlegislation.uk/health-and-care-act-2022/schedule-19/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.