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The Nagoya Protocol (Compliance) Regulations 2015

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This is the original version (as it was originally made).

Guidance as to use of civil sanctions

This section has no associated Explanatory Memorandum

26.—(1) The Secretary of State must publish guidance about the use of civil sanctions under these Regulations.

(2) The Secretary of State must revise and update the guidance where appropriate.

(3) The Secretary of State must have regard to the guidance or revised and updated guidance in exercising functions under these Regulations.

(4) In the case of guidance about compliance notices, stop notices, variable monetary penalties and non-compliance penalties, the guidance must contain information as to—

(a)the circumstances in which the civil sanction is likely to be imposed; and

(b)the circumstances in which it is not likely to be imposed.

(5) In the case of guidance about variable monetary penalties and non-compliance penalties, the guidance must contain information about—

(a)the matters likely to be taken into account by the Secretary of State in determining the amount of penalty (including voluntary reporting by a person of their own non-compliance); and

(b)rights to make representations and objections and rights of appeal.

(6) In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a)the circumstances in which the Secretary of State is likely to accept an enforcement undertaking; and

(b)the circumstances in which the Secretary of State is not likely to accept an enforcement undertaking.

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