SCHEDULES
F1SCHEDULE A1MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS
PART 1MONETARY PENALTY NOTICES
General
1
1
A monetary penalty notice is a notice requiring the person on whom it is served to pay to the Interception of Communications Commissioner (“the Commissioner”) a monetary penalty of an amount determined by the Commissioner and specified in the notice.
2
The amount determined by the Commissioner must not exceed £50,000.
3
The monetary penalty must be paid to the Commissioner within such period as is specified in the notice.
4
The period concerned must not be less than 28 days beginning with the day after the day on which the notice is served.
5
The notice must, in particular—
a
state the name and address of the person on whom it is to be served,
b
provide details of the notice of intent served on that person,
c
state whether the Commissioner has received written representations in accordance with that notice,
d
state the grounds on which the Commissioner serves the monetary penalty notice,
e
state the grounds on which the Commissioner decided the amount of the monetary penalty,
f
state the details of how the monetary penalty is to be paid,
g
provide details of the rights of appeal of the person concerned under paragraph 5 in respect of the monetary penalty notice,
h
provide details of the Commissioner's rights of enforcement under paragraph 6 in respect of the monetary penalty notice.
6
Any sum received by the Commissioner by virtue of a monetary penalty notice must be paid into the Consolidated Fund.
Sch. A1 inserted (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 2(4) {Sch.}