Section 105 Financial penaltiesI1

England and Wales Not yet in force

(1)

An enforcement authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has breached regulations under section 100 (1).

(2)

The Secretary of State may by regulations make provision about the investigation by an enforcement authority of suspected breaches of regulations under section 100 (1) for the purpose of determining whether to impose a financial penalty.

(3)

Regulations under subsection (2) may, among other things, make provision about—

(a)

co-operation between enforcement authorities, and

(b)

the sharing of information between enforcement authorities,

for the purposes of an investigation.

(4)

The amount of a financial penalty imposed under this section is to be determined in accordance with section 106.

(5)

More than one penalty may be imposed for the same conduct only if—

(a)

the conduct continues after the end of 28 days beginning with the day after the day on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period, or

(b)

if the person appeals against that notice within that period, the conduct continues after the end of 28 days beginning with the day after the day on which the appeal is finally determined, withdrawn or abandoned.

(6)

Subsection (5) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(7)

Schedule 12 makes provision about—

(a)

the procedure for imposing a financial penalty under this section,

(b)

appeals against financial penalties,

(c)

enforcement of financial penalties, and

(d)

how enforcement authorities are to deal with the proceeds of financial penalties.

(8)

For the purposes of this section and section 106—

(a)

a financial penalty is imposed on the date specified in the final notice as the date on which the notice is given;

(b)

“final notice” has the meaning given by paragraph 3 of Schedule 12.

(9)

A statutory instrument containing regulations under this section (whether alone or with other provision) is subject to the affirmative procedure.

Annotations

Commencement

I1: S. 105 not in force at Royal Assent, see s. 124(3)