Section 52 Penalty noticesI1

(1)

The Regulator may issue a penalty notice to an employer if the Regulator is of the opinion that the employer—

(a)

has contravened section 50, or

(b)

has failed to comply with a compliance notice under section 51.

(2)

A penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.

(3)

The penalty—

(a)

is to be determined in accordance with regulations, and

(b)

must not exceed £50,000.

(4)

A penalty notice must—

(a)

state the amount of the penalty;

(b)

state the date, which must be at least 4 weeks after the date on which the notice is issued, by which the penalty must be paid;

(c)

specify the contravention or failure to which the notice relates;

(d)

notify the employer of the review process under section 43 and the right to make a reference under section 44 (as applied by section 53).

(5)

Section 42 (penalty notices: recovery) applies to a penalty payable under this section, and to a notice under this section, as it applies to a penalty payable under section 40, and to a notice under that section.

Annotations

Commencement

I1: S. 52 wholly in force at 30.6.2012; s. 52 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 52 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1

Notes on Part 1

Modifications

C1: Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)