SCHEDULECivil Sanctions
PART 1Variable Monetary Penalties and Compliance Notices
Final notice4
1
After the end of the period for making representations and objections, the regulator must decide whether—
a
to impose the requirements in the notice of intent, with or without modifications; or
b
to impose any other requirement that the regulator has power to impose under this Part.
2
Where the regulator decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 5, in the case of a variable monetary penalty, or paragraph 6, in the case of a compliance notice.
3
The regulator may not impose a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.
4
The regulator must take into account any third party undertaking that it accepts in deciding—
a
whether or not to serve a final notice; and
b
the amount of any variable monetary penalty it imposes.