SCHEDULE 16 Penalties

SCHEDULE 16 Penalties

Section 155

Meaning of “penalty”

1

In this Schedule, “penalty” means a penalty imposed by a penalty notice.

Notice of intent to impose penalty

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(1)     Before giving a person a penalty notice, the Commissioner must, by written notice (a “notice of intent”) inform the person that the Commissioner intends to give a penalty notice.

(2)     The Commissioner may not give a penalty notice to a person in reliance on a notice of intent after the end of the period of 6 months beginning when the notice of intent is given, subject to sub-paragraph (3).

(3)     The period for giving a penalty notice to a person may be extended by agreement between the Commissioner and the person.

Contents of notice of intent

3

(1)     A notice of intent must contain the following information—

(a)     the name and address of the person to whom the Commissioner proposes to give a penalty notice;

(b)     the reasons why the Commissioner proposes to give a penalty notice (see sub-paragraph (2));

(c)     an indication of the amount of the penalty the Commissioner proposes to impose, including any aggravating or mitigating factors that the Commissioner proposes to take into account.

(2)     The information required under sub-paragraph (1)(b) includes—

(a)     a description of the circumstances of the failure, and

(b)     where the notice is given in respect of a failure described in section 149(2), the nature of the personal data involved in the failure.

(3)     A notice of intent must also—

(a)     state that the

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