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Employment Act 2002

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This is the original version (as it was originally enacted).

11Penalties: failures to comply
This section has no associated Explanatory Notes

(1)Where a person—

(a)fails to produce any document or record, provide any information or make any return, in accordance with regulations under section 8, or

(b)fails to provide any information or document in accordance with regulations under section 10,

he shall be liable to the penalties mentioned in subsection (2) below (subject to subsection (4)).

(2)The penalties are—

(a)a penalty not exceeding £300, and

(b)if the failure continues after a penalty is imposed under paragraph (a), a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

(3)Where a person fails to keep records in accordance with regulations under section 8Ì, he shall be liable to a penalty not exceeding £3,000.

(4)Subject to subsection (5), no penalty shall be imposed under subsection (2) or (3) at any time after the failure concerned has been remedied.

(5)Subsection (4) does not apply to the imposition of a penalty under subsection (2)(a) in respect of a failure within subsection (1)(a).

(6)Where, in the case of any employee, an employer refuses or repeatedly fails to make payments of statutory paternity pay or statutory adoption pay in accordance with any regulations under section 8, the employer shall be liable to a penalty not exceeding £3,000.

(7)Section 118(2) of the Taxes Management Act 1970 (c. 9) (extra time for compliance etc) shall apply for the purposes of subsections (1), (3) and (6) as it applies for the purposes of that Act.

(8)Schedule 1 to this Act (penalties: procedure and appeals) has effect in relation to penalties under this section.

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