Commentary on Sections Part Three: Civil Sanctions Section 42: Discretionary requirements
119.This section enables a Minster to grant a regulator the power to impose, by notice, one or more requirements (“discretionary requirements”) on a person. These requirements are:
	The payment of a monetary penalty of an amount that the regulator will determine, though where the relevant offence is triable only summarily and punishable by a fine, then the penalty is capped at the level of this fine;
	To take steps within a time period as may be specified that ensure that the incident of non-compliance does not continue or recur;
	To take steps within a time period as may be specified that restore the position, as far as possible, to what it would have been had the non-compliance not taken place.
120.The regulator must be satisfied beyond reasonable doubt that a person has committed a relevant offence before imposing such a requirement.
121.Section 42 also prohibits a regulator from imposing discretionary requirements on a person on more than one occasion in relation to the same act or omission.