Clause 41

Regulatory Enforcement and Sanctions Bill [Lords] – in a Public Bill Committee at 6:00 pm on 17 June 2008.

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Fixed monetary penalties: criminal proceedings and conviction

Question proposed, That the clause stand part of the Bill.

Photo of Pat McFadden Pat McFadden Minister of State (Department for Business, Enterprise and Regulatory Reform) (Employment Relations and Postal Affairs), Member, Labour Party National Executive Committee

The clause ensures that where the regulator serves a notice of intent on a person prior to imposing a fixed monetary penalty, that person cannot be criminally prosecuted for the same event to which the notice relates during the period within which they can discharge their liability to the penalty. Similarly, a person cannot be prosecuted for the same event if they discharge their liability to the penalty or the regulator decides to go ahead and impose it. That is down to familiar reasons of double jeopardy. Unpaid monetary penalties will be forced through the civil courts. The Bill, and clause 52 in particular, will ensure that regulators have access to an efficient and streamlined procedure for recovering monetary penalties.

Question put and agreed to.

Clause 41 ordered to stand part of the Bill.