Consultation requirements before service of monetary penalty notices
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6(1)The Commissioner must not serve a monetary penalty notice on a person in respect of an interception if any notice of intent in respect of that interception was served on the person more than 3 months earlier.
(2)But the Commissioner may serve a monetary penalty notice on a person where the service of the notice would otherwise be prevented by sub-paragraph (1) if the Commissioner—
(a)considers it reasonable to do so, and
(b)includes the reasons for doing so in the monetary penalty notice.