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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

39Fixed monetary penalties

This section has no associated Explanatory Notes

(1)The provision which may be made under this section is provision to confer on a regulator the power by notice to impose a fixed monetary penalty on a person in relation to a relevant offence.

(2)Provision under this section may only confer such a power in relation to a case where the regulator is satisfied beyond reasonable doubt that the person has committed the relevant offence.

(3)For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to a regulator a penalty of a prescribed amount.

(4)Where the relevant offence is—

(a)triable summarily (whether or not it is also triable on indictment), and

(b)punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment),

the amount of the fixed monetary penalty may not exceed the maximum amount of that fine.

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