SCHEDULES

C2C4C5C1C3F1SCHEDULE 19CCivil sanctions

Annotations:
Amendments (Textual)

Part 5Power to make supplementary provision etc by order

Monetary penalties

18

1

A supplementary order may make any of the following provision in relation to the power of the Commission to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty—

a

provision for early payment discounts;

b

provision for the payment of interest or other financial penalties for late payment;

c

provision for enforcement.

2

Provision made by virtue of sub-paragraph (1)(b) must secure that the interest or other financial penalties for late payment do not in total exceed the amount of the penalty itself.

3

Provision made by virtue of sub-paragraph (1)(c) may include—

a

provision for the Commission to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

b

provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.

4

In relation to the power of the Commission to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty for failing to comply with a requirement or undertaking by the end of a particular period, a supplementary order may—

a

make provision under which the amount of the penalty is determined by reference to the length of time between the end of that period and the time of compliance;

b

make provision for successive penalties to be payable in a case of continued failure to comply.