Prospective

20Determining the amount of a penaltyU.K.

(1)A non-compliance penalty or daily penalty imposed on a person by a penalty notice must be of an amount that the Security Industry Authority considers to be—

(a)appropriate, and

(b)proportionate to the contravention in respect of which it is imposed.

(2)In determining the amount of a penalty to be imposed on a person by a penalty notice, the Security Industry Authority must take into account the following matters (in addition to any other matters it considers relevant)—

(a)the effects of the contravention in respect of which the penalty is imposed;

(b)any action taken by the person to remedy the contravention or mitigate its effects;

(c)the ability of the person to pay the penalty.