SCHEDULES
F1SCHEDULE A1MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS
PART 1MONETARY PENALTY NOTICES
Guidance
7
1
The Commissioner must prepare and issue guidance on how the Commissioner proposes to exercise the Commissioner's functions under section 1(1A) and (1B) and this Schedule.
2
The guidance must, in particular, deal with—
a
the manner in which the Commissioner is to deal with claims of a description specified in the guidance which may give rise to grounds for serving a monetary penalty notice,
b
the circumstances in which the Commissioner would consider it appropriate to serve a monetary penalty notice,
c
how the Commissioner will determine the amount of the penalty, and
d
the circumstances in which the Commissioner would consider it appropriate to impose an enforcement obligation.
3
The Commissioner may alter or replace the guidance.
4
If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.
5
The Commissioner must arrange for the publication, in such form and manner as the Commissioner considers appropriate, of any guidance issued under this paragraph.
Sch. A1 inserted (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 2(4) {Sch.}