Regulation 13 Amendment of Article 9I1

United Kingdom

(1)

Article 9 (administrative fines) is amended as follows.

(2)

In paragraph 1—

(a)

in the first subparagraph—

(i)

for “Commission” substitute “ Secretary of State ”;

(ii)

in point (a), for “it” substitute “ the Secretary of State ”;

(b)

in the second subparagraph, for “Commission” substitute “ Secretary of State ”;

(c)

in the third subparagraph—

(i)

omit “shall be effective, proportional and dissuasive and”;

(ii)

for “EUR 30 000” substitute “ £26,000 ”.

(3)

For paragraph 2, substitute—

“
2
Regulations may make provision in relation to administrative fines.
Regulations made under this paragraph may, in particular:
(a)
make provision about the amount of an administrative fine;
(b)
provide for the payment of an administrative fine into the consolidated fund;
(c)
set out the procedure to be followed in imposing an administrative fine;
(d)
set out the procedure for the collection and enforcement of an administrative fine;
(e)
provide for a right of appeal against the imposition of a penalty.”.

(4)

In paragraph 3—

(a)

for the opening words substitute “ The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles ”;

(b)

in point (a) omit “the procedure established by the Commission shall respect”;

(c)

in point (b)—

(i)

for “Commission” substitute “ Secretary of State ”;

(ii)

omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;

(iii)

for “taking” substitute “ take ”.

(5)

Omit paragraph 4.

Annotations

Commencement

I1: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 2