PART 2

Collection and processing of data

Enforcement of information requirements
19
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.