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May 23, 2004
36 Code of practice on penalties
(1) The Secretary of State must issue a code of practice setting out the matters that
he will consider when determining the amount to be imposed in any case by
way of a civil penalty under this Act.
(2) The Secretary of State must have regard to the code when.
(a) imposing a civil penalty under this Act; or
(b) considering a notice of objection under section 34.
(3) The court must have regard to the code when determining any appeal under
section 35.
(4) Before issuing the code, the Secretary of State must lay a draft of it before
Parliament.
(5) The code issued under this section does not come into force until the time
specified by order made by the Secretary of State.
(6) The Secretary of State may from time to time.
(a) revise the whole or a part of the code; and
(b) issue the revised code.
(7) Subsections (4) and (5) apply to a revised code as they apply to the code first
issued under this section.
Posted by wtwu at May 23, 2004 11:46 PM
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