Part II Establishments and agencies
F1Power of CIECSS to impose monetary penalties
30ZCPower of CIECSS to impose monetary penalties
(1)
The CIECSS may impose a monetary penalty on a person if the CIECSS is satisfied on the balance of probabilities that the person has failed to comply with—
(a)
an improvement plan notice served on the person under section 23A,
(b)
the requirement imposed by section 23B(5) (implementation of improvement plans), or
(c)
the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager).
(2)
The CIECSS may impose a monetary penalty on a person if—
(a)
the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and
(b)
the act or omission relates to an establishment or agency for which the CIECSS is the registration authority.
(3)
The CIECSS may not impose a monetary penalty under subsection (2) if—
(a)
the person has been convicted of an offence under this Part in respect of the act or omission,
(b)
criminal proceedings for an offence under this Part in respect of the act or omission have been instituted against the person and the proceedings have not been concluded, or
(c)
criminal proceedings for an offence under this Part in respect of the act or omission have been concluded and the person has not been convicted of the offence.
(4)
If the CIECSS has under subsection (2) imposed a monetary penalty on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it.
(5)
See Schedule 1A for further provision about monetary penalties under this section.
(6)
In this section references to an offence under this Part include an offence under regulations made under this Part.