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The Invasive Alien Species (Enforcement and Permitting) Order 2019
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Imposition of a variable monetary penalty
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5.—(1) This paragraph applies where the regulator is satisfied on the balance of probabilities that a person has committed an offence under Part 2 of this Order.
(2) The regulator may by notice impose on that person a requirement to pay a monetary penalty to the regulator in such amount as it may determine (“a variable monetary penalty”).
(3) A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.
(4) The amount of a variable monetary penalty must not exceed £250,000.
(5) Before serving a notice relating to a variable monetary penalty, the regulator may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence.
(6) The regulator may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court.
(7) A variable monetary penalty paid to the regulator under this paragraph must be paid into—
(a)the Consolidated Fund, where the regulator is Natural England; and
(b)the Welsh Consolidated Fund, where the regulator is the Natural Resources Body for Wales.
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