Part 4Regulation of approved regulators

Financial penalties

I137Financial penalties

1

This section applies if the Board is satisfied—

a

that an approved regulator has failed to comply with a requirement to which this section applies, and

b

that, in all the circumstances of the case, it is appropriate to impose a financial penalty on the approved regulator.

2

This section applies to any requirement imposed on the approved regulator—

a

by rules under section 30 (internal governance rules),

b

by a direction given under section 32 (Board directions), or

c

by section 51 (control of practising fees charged by approved regulators) or by rules under that section.

3

The Board may impose a penalty, in respect of the failure, of such an amount as it considers appropriate, but not exceeding the maximum amount prescribed under subsection (4).

4

The Board must make rules prescribing the maximum amount of a penalty which may be imposed under this section.

5

Rules may be made only under subsection (4) with the consent of the Lord Chancellor.

6

A penalty under this section is payable to the Board.

7

In sections 38 to 40 references to a “penalty” are to a penalty under this section.