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The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014

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1.—(1) In the circumstances specified in regulations made under sub-paragraph (4), ITMA may impose on a registered person or a regulated person in accordance with those regulations a penalty which is of such amount as ITMA considers appropriate.

(2) The amount of any penalty imposed under sub-paragraph (1) must not exceed—

(a)in the case of a penalty imposed on a registered person who is an individual, £5 million;

(b)in the case of a penalty imposed on a regulated person, £5 million;

(c)in the case of a penalty imposed on an ITMA-registered body, £25 million.

(3) A penalty under sub-paragraph (1) is payable to ITMA.

(4) For the purpose of giving effect to sub-paragraph (1), ITMA must make regulations as to—

(a)the acts and omissions in respect of which ITMA may impose penalties under sub-paragraph (1);

(b)the criteria and procedure to be applied by ITMA in determining whether to impose a penalty and the amount of any penalty; and

(c)arrangements for payment, including the time within which any penalty is to be paid.

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