Paragraph 1 Power to impose monetary penaltiesamenF1

(1)

The Secretary of State may give a notice (a “penalty notice”) imposing a penalty on a person if satisfied on the balance of probabilities that the person—

(a)

has failed to comply with a requirement imposed on the person to—

(i)

pay a fee in accordance with regulations under Article 45E(1), or

(ii)

provide information in accordance with regulations under Article 45F(1) or (2), or

(b)

has, in purported compliance with a requirement imposed on the person under regulations under Article 45F(1) or (2), provided information that is false or misleading in a material respect.

(2)

The amount of a penalty imposed by a penalty notice must be such amount as is specified in, or determined in accordance with, regulations made by the Secretary of State.

(3)

A penalty imposed by a penalty notice must be paid to the Secretary of State within such period as may be specified in the notice.

(4)

The Secretary of State may not give more than one penalty notice to a person in respect of the same failure or conduct.

Annotations

Textual amendments

F1: Sch. 2ZA inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 2

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481