SCHEDULE 4Financial penalties

4Notice of intention

1

Before imposing a financial penalty, the Scottish Ministers must give the approved regulator a notice (a “notice of intention”) of their intention to do so.

2

The notice of intention must—

a

state—

i

that the Scottish Ministers intend to impose a financial penalty,

ii

the amount of the proposed penalty,

b

by reference to the failure concerned and any other relevant facts, explain why the Scottish Ministers consider that—

i

it is appropriate to impose a penalty,

ii

the amount of the proposed penalty is appropriate.