Search Legislation

Policing and Crime Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Policing and Crime Act 2017, Cross Heading: Civil sanctions is up to date with all changes known to be in force on or before 20 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Civil sanctionsE+W+S+N.I.

146Power to impose monetary penaltiesE+W+S+N.I.

(1)The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that—

(a)the person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation, and

(b)the person knew, or had reasonable cause to suspect, that the person was in breach of the prohibition or (as the case may be) had failed to comply with the obligation.

(2)The amount of the penalty is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.

(3)In a case where the breach or failure relates to particular funds or economic resources and it is possible to estimate the value of the funds or economic resources, the permitted maximum is the greater of—

(a)£1,000,000, and

(b)50% of the estimated value of the funds or resources.

(4)In any other case, the permitted maximum is £1,000,000.

(5)In subsection (3), “funds” and “economic resources” have the same meanings as they have in the financial sanctions legislation that contains the prohibition or obligation in respect of which the monetary penalty is imposed.

(6)The Treasury must keep the amount for the time being specified in subsection (3)(a) or (4) under review.

(7)The Treasury may by regulations made by statutory instrument amend subsection (3)(a) or (4) so as to substitute another amount for the amount for the time being specified in it.

(8)Regulations under subsection (7) may include transitional provision.

(9)Before making regulations under subsection (7), the Treasury must consult such persons as it considers appropriate.

(10)A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(11)Any monetary penalty payable under this section is recoverable by the Treasury as a civil debt.

(12)Any monetary penalty received by the Treasury by virtue of this section must be paid into the Consolidated Fund.

(13)This section does not authorise the imposition of a monetary penalty on the Crown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 146 in force for certain purposes at Royal Assent, see s. 183

I2S. 146 in force at 1.4.2017 in so far as not already in force by S.I. 2017/482, reg. 2

147Monetary penalties: procedural rightsE+W+S+N.I.

(1)Before imposing a monetary penalty on a person under section 146, the Treasury must inform the person of its intention to do so.

(2)The Treasury must also—

(a)explain the grounds for imposing the penalty,

(b)specify the amount of the penalty,

(c)explain that the person is entitled to make representations, and

(d)specify the period within which any such representations must be made.

(3)If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—

(a)inform the person of its decision,

(b)explain that the person is entitled to seek a review by a Minister of the Crown, and

(c)specify the period within which the person must inform the Treasury that the person wishes to seek such a review.

(4)If the person seeks a review, the Minister may—

(a)uphold the decision to impose the penalty and its amount,

(b)uphold the decision to impose the penalty but substitute a different amount, or

(c)cancel the decision to impose the penalty.

(5)A review under subsection (4) must be carried out by the Minister personally.

(6)If on a review under subsection (4) the Minister decides to uphold the Treasury's decision to impose the penalty and its amount, or to uphold the Treasury's decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.

(7)On an appeal under subsection (6), the Upper Tribunal may quash the Minister's decision and if it does so may—

(a)quash the Treasury's decision to impose the penalty;

(b)uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).

(8)In this section, “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 147 in force for certain purposes at Royal Assent, see s. 183

I4S. 147 in force at 1.4.2017 in so far as not already in force by S.I. 2017/482, reg. 2

148Monetary penalties: bodies corporate and unincorporated associationsE+W+S+N.I.

(1)If a monetary penalty is payable under section 146 by a body, the Treasury may also impose a monetary penalty on an officer of the body if it is satisfied, on the balance of probabilities, that the breach or failure in respect of which the monetary penalty is payable by the body—

(a)took place with the consent or connivance of the officer, or

(b)was attributable to any neglect on the part of the officer.

(2)In subsection (1)—

  • body” means a body corporate, a partnership or an unincorporated body other than a partnership;

  • officer of a body” means—

    (a)

    in relation to a body corporate, a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity;

    (b)

    in relation to a partnership, a partner or a person purporting to act as a partner;

    (c)

    in relation to an unincorporated body other than a partnership, a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned.

(3)Sections 146(2) to (5), (11) and (12) and 147 apply in relation to a monetary penalty that may be imposed under subsection (1) as they apply in relation to a monetary penalty that may be imposed under section 146(1).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 148 in force for certain purposes at Royal Assent, see s. 183

I6S. 148 in force at 1.4.2017 in so far as not already in force by S.I. 2017/482, reg. 2

149Monetary penalties: supplementaryE+W+S+N.I.

(1)The Treasury must issue guidance as to—

(a)the circumstances in which it may consider it appropriate to impose a monetary penalty under section 146 or 148, and

(b)how it will determine the amount of the penalty.

(2)The Treasury must, at such intervals as it considers appropriate, publish reports about the imposition of monetary penalties under section 146 or 148.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 149 in force for certain purposes at Royal Assent, see s. 183

I8S. 149 in force at 1.4.2017 in so far as not already in force by S.I. 2017/482, reg. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources