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Textual Amendments
F1Sch. A1 inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1), Sch. 22 para. 1
5(1)The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—U.K.
(a)a requirement to adopt a code of practice under provision within paragraph 1(1);
(b)a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);
(c)a requirement imposed on the body under any other provision made under this Schedule;
(d)an authorisation under regulations under section 116A or 116B;
(e)a requirement imposed by regulations under section 116A or 116B;
(f)an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;
(g)a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.
(2)The regulations may in particular provide for—
(a)the imposition of financial penalties or other sanctions;
(b)the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.
(3)The regulations must include provision—
(a)for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);
(b)for determining any sanction that may be imposed in respect of the failure to comply;
(c)for an appeal against a determination within paragraph (a) or (b).
(4)A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.
(5)The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.
(6)The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.]
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