{
  "url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/schedule-4A/paragraph-4",
  "json_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/schedule-4A/paragraph-4.json",
  "legislation": "uksi/2019/1517",
  "legislation_title": "The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019",
  "path": "schedule/4A/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Imposition of a variable monetary penalty",
  "text": "(1) This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.\n(2) The appropriate authority may by notice impose on that person a requirement to pay a monetary penalty to the appropriate authority in such amount as it may determine (a “variable monetary penalty”).\n(3) A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.\n(4) The amount of a variable monetary penalty must not exceed £250,000.\n(5) Before serving a notice relating to a variable monetary penalty, the appropriate authority may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence.\n(6) The appropriate authority may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court.\n(7) A variable monetary penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1517/schedule/4A/paragraph/4",
    "retrieved_at": "2026-10-28T22:35:09.912166+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."
}