SCHEDULES
SCHEDULE 5Penalty for failure to secure goods vehicle etc
I1I25
1
Section 32A (level of penalty: code of practice) is amended as follows.
2
Before subsection (1) insert—
A1
The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 31A.
B1
The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—
a
when imposing a penalty under section 31A, and
b
when considering a notice of objection under section 35(4) in relation to a penalty under section 31A.
3
In subsection (2)(b), after “35(4)” insert “in relation to a penalty under section 32”
.
4
In subsection (3) for “the code” substitute “a code under this section”
.
5
In subsection (4) for “the draft code” substitute “a draft code”
.
6
In subsection (5) for “the code” in the first place it occurs substitute “a code under this section”
.
7
In subsection (6) for “the code” substitute “a code”
.