Section 53: Further provision relating to civil penalties
91.Section 53 inserts a new section 39B after the new section 39A (inserted into the 1974 Act by section 52). Before determining to impose a penalty on a person, OFT must give a notice to that person which informs him that it is minded to impose a penalty on him. That notice must also state the proposed amount of the penalty, set out OFT’s reasons for being minded to impose a penalty and for proposing that amount and the proposed period for the payment of the penalty, and invite him to make representations in accordance with section 34 of the 1974 Act. The maximum penalty may be changed by an order of the Secretary of State (approved by a resolution of both Houses of Parliament).
92.OFT must give a general notice of the imposition of a penalty on a person who is a responsible person in relation to a group licence, which must state the amount of the penalty that is being imposed and set out OFT’s reasons for determining to impose a penalty and for specifying that amount. A person may appeal in relation to the decision of OFT to impose a civil penalty.
