C1C6Part 3Civil sanctions

Annotations:
Modifications etc. (not altering text)

Guidance

C3C2C4C565Publication of enforcement action

1

Where power is conferred on a regulator under or by virtue of this Part to impose a civil sanction in relation to an offence, the provision conferring the power must, subject to this section, secure the result in subsection (2).

2

That result is that the regulator must from time to time publish reports specifying—

a

the cases in which the civil sanction has been imposed,

b

where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to section 40(2)(b), and

c

where the civil sanction is a discretionary requirement, the cases in which an undertaking referred to in section 43(5) is accepted from a person.

3

In subsection (2)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal.

4

The provision conferring the power need not secure the result in subsection (2) in cases where the relevant authority considers that it would be inappropriate to do so.