PART 3Non-compliance and enforcement
Non-compliance penalties7
1
If a person fails to comply with a compliance notice, a restoration notice or a third party undertaking, the regulator may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in respect of the same offence irrespective of whether a variable monetary penalty was also imposed in respect of that offence.
2
The amount of the penalty must be determined by the regulator, and must be a percentage of the costs of fulfilling the remaining requirements of the notice or third party undertaking.
3
The percentage must be determined by the regulator having regard to all the circumstances of the case and may, if appropriate, be 100%.
4
The notice must include information as to—
a
the grounds for imposing the non-compliance penalty;
b
the amount to be paid;
c
how payment must be made;
d
the period in which payment must be made, which must not be less than 28 days;
e
the right of appeal;
f
the consequences of failure to make payment in the specified period;
g
any circumstances in which the regulator may reduce the amount of the penalty.
5
If the requirements of the compliance notice or restoration notice are complied with or a third party undertaking is fulfilled before the time set for payment of the non-compliance penalty, the penalty is not payable.
6
The person on whom the notice imposing the non-compliance penalty is served may appeal against it.
7
The grounds of appeal are—
a
that the decision to serve the notice was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unfair or unreasonable for any reason;
d
that the amount of the penalty was unreasonable;
e
any other similar reason.