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Regulatory Enforcement and Sanctions Act 2008

Section 42: Discretionary requirements

119.This section enables a Minster to grant a regulator the power to impose, by notice, one or more requirements (“discretionary requirements”) on a person. These requirements are:

  • The payment of a monetary penalty of an amount that the regulator will determine, though where the relevant offence is triable only summarily and punishable by a fine, then the penalty is capped at the level of this fine;

  • To take steps within a time period as may be specified that ensure that the incident of non-compliance does not continue or recur;

  • To take steps within a time period as may be specified that restore the position, as far as possible, to what it would have been had the non-compliance not taken place.

120.The regulator must be satisfied beyond reasonable doubt that a person has committed a relevant offence before imposing such a requirement.

121.Section 42 also prohibits a regulator from imposing discretionary requirements on a person on more than one occasion in relation to the same act or omission.

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