Part VI Miscellaneous and General

F1Monetary penaltiesF2F3F4

Annotations:
Amendments (Textual)
F1

Ss. 55A - 55E and cross-heading inserted (1.10.2009 for certain purposes and 1.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

F2

S. 55B inserted (1.10.2009 for certain purposes and 6.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

55BF2Monetary penalty notices: procedural rights

1

Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent.

2

A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice.

3

A notice of intent must—

a

inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and

b

contain such other information as may be prescribed.

4

The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired.

5

A person on whom a monetary penalty notice is served may appeal to the Tribunal against—

a

the issue of the monetary penalty notice;

b

the amount of the penalty specified in the notice.

6

In this section, “prescribed” means prescribed by regulations made by the Secretary of State.