Section 83

When determining the type of sanction, and level of any penalty, to be imposed on a person (“P”) under regulation 76 or 78, the Commissioners must take into account all relevant circumstances, including where appropriate— the gravity and the duration of the contravention or failure; the degree of responsibility of P; the financial strength of P; the amount of profits gained or losses avoided by P; the losses for third parties caused by the contravention or failure; the level of co-operation of P with the Commissioners; previous contraventions or failures by P; and any potential systemic consequences of the contravention or failure. Before imposing a sanction on P under regulation 76, 77 or 78, the Commissioners must check whether P has any criminal convictions that may be relevant to the determination referred to in paragraph (1). Where the Commissioners decide to impose a penalty or publish a statement under regulation 76, or impose a prohibition under regulation 78, the Commissioners must give P a notice in accordance with paragraph (3). A notice must be given of— the Commissioners' decision— to impose a penalty, and the amount of the penalty; to publish a statement, and the terms of the statement; to impose a prohibition, and the terms of the prohibition; the Commissioners' reasons for imposing a penalty, publishing a statement or imposing a prohibition; the right to a review under regulation 94; and the right to appeal under regulation 99. A notice about a penalty must— state the manner in which and the period within which, the penalty is to be paid; give details of the way in which the penalty may be recovered if it is not paid by the date stated in the notice.

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Source: legislation.gov.uk · retrieved 2026-09-04