PART 2Collection and processing of data

I119Enforcement of information requirements

1

The Scottish Ministers may by regulations make provision for or in connection with the enforcement of requirements imposed under section 14(1) or (2) or 15(1) or (2).

2

In subsection (1) “enforcement” includes in particular—

a

monitoring compliance,

b

investigating non-compliance,

c

dealing with non-compliance.

3

The provision that may be made in regulations under subsection (1) includes in particular—

a

provision for the imposition of monetary penalties for non-compliance, including penalties—

i

of a specified amount,

ii

of an amount calculated in a specified manner,

iii

of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description,

iv

by way of suspending or withholding payment of any amounts,

b

provision for the recovery of amounts due in respect of monetary penalties, including provision for any interest, set-off and security for payment,

c

provision about the giving of advice or warnings,

d

provision for the imposition of restrictions (including prohibitions) on carrying out activities,

e

provision for the acceptance of undertakings to take, or refrain from taking, particular actions,

f

provision giving persons functions in connection with enforcement of requirements,

g

provisions about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements.

4

In subsection (3) and this subsection—

  • “specified” means specified in regulations under subsection (1),

  • “specified manner” includes in particular a manner framed by reference to a specified matter such as a person's profits, income or turnover.

5

Regulations under subsection (1) are subject to the affirmative procedure.