Paragraph 2 Power to impose non-compliance penalties
England and Wales
If a seller fails to comply with a non-monetary discretionary requirement an administrator may by notice impose a non-compliance penalty on the seller.
A non-compliance penalty may be imposed in respect of a complete or partial failure to comply with a non-monetary discretionary requirement.
A non-compliance penalty may be imposed irrespective of whether a variable monetary penalty was imposed in addition to the non-discretionary requirement to which the non-compliance penalty relates.
The amount of a non-compliance penalty is to be determined by the administrator.
But the maximum penalty which may be imposed by an administrator as a non-compliance penalty is the amount specified in sub-paragraph (6) by reference to the kind of failure concerned.
The maximum penalties are—
£5,000 in relation to a partial failure;
£5,000 in relation to a complete failure.