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Tied Pubs (Scotland) Act 2021

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10Financial penalties under section 9

This section has no associated Explanatory Notes

(1)Liability to pay a financial penalty imposed under section 9 arises when the adjudicator gives a person a notice in writing that states—

(a)that the adjudicator is imposing a penalty on the person under section 9,

(b)the reason the adjudicator is doing so,

(c)the amount of the penalty,

(d)the period within which it must be paid,

(e)how it must be paid.

(2)A financial penalty imposed under section 9 may not exceed the permitted maximum.

(3)The Scottish Ministers are to define the permitted maximum by regulations.

(4)The permitted maximum may be defined by—

(a)specifying it as an amount, or

(b)setting out a methodology by which it is to be determined.

(5)Financial penalties received by the adjudicator must be paid into the Scottish Consolidated Fund.

(6)A person on whom a financial penalty is imposed under section 9 may appeal to the sheriff against—

(a)the imposition of the penalty,

(b)the amount of the penalty.

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