5(1)Section 32A (level of penalty: code of practice) is amended as follows.U.K.
(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”.
Commencement Information
I1Sch. 5 para. 5 in force at Royal Assent for specified purposes, see s. 87(1)(4)(c)
I2Sch. 5 para. 5 in force at 13.2.2023 for specified purposes by S.I. 2023/33, reg. 2(1)(c)(i)(2) (with reg. 4)