SCHEDULES
F1SCHEDULE A1Regulation of licensing bodies
Sanctions
5
1
The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—
a
a requirement to adopt a code of practice under provision within paragraph 1(1);
b
a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);
c
a requirement imposed on the body under any other provision made under this Schedule;
d
an authorisation under regulations under section 116A or 116B;
e
a requirement imposed by regulations under section 116A or 116B;
f
an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;
g
a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.
2
The regulations may in particular provide for—
a
the imposition of financial penalties or other sanctions;
b
the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.
3
The regulations must include provision—
a
for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);
b
for determining any sanction that may be imposed in respect of the failure to comply;
c
for an appeal against a determination within paragraph (a) or (b).
4
A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.
5
The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.
6
The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.
Sch. A1 inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1), Sch. 22 para. 1