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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

42Discretionary requirements

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 one or more discretionary requirements 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 a relevant offence.

(3)For the purposes of this Part a “discretionary requirement” means—

(a)a requirement to pay a monetary penalty to a regulator of such amount as the regulator may determine,

(b)a requirement to take such steps as a regulator may specify, within such period as it may specify, to secure that the offence does not continue or recur, or

(c)a requirement to take such steps as a regulator may specify, within such period as it may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed.

(4)Provision under this section may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.

(5)In this Part—

  • “variable monetary penalty” means a requirement referred to in subsection (3)(a);

  • “non-monetary discretionary requirement” means a requirement referred to in subsection (3)(b) or (c).

(6)Where a variable monetary penalty is imposed in relation to a relevant offence which is—

(a)triable summarily only, 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 variable monetary penalty may not exceed the maximum amount of that fine.

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