Schedule 16: Penalties
This Schedule makes further provisions in relation to administrative penalties. These provisions are broadly equivalent to the provisions provided in the 1998 Act in regards to monetary penalties.
	Paragraph 1 defines the meaning of a "penalty".
	Paragraph 2 explains that the Commissioner must give a "notice of intent" to the person to whom they intend to issue a penalty notice. The Commissioner cannot issue a penalty notice after six months has passed from the date they issued the written notice, unless the Commissioner and the person receiving the notice of intent have agreed an extension.
	Paragraph 3 explains what the Commissioner must include in the notice of intent. This includes an indication of the amount of the penalty, the nature of the offence, the period in which the person can make written representations about the Commissioner’s intention to issue a penalty notice, and whether a controller or processor can make oral representations.
	Paragraph 4 states that the Commissioner must first consider any oral or written representations by the person, before determining whether to give a penalty notice. The Commissioner must wait until after the time allocated for making oral or written statements by the person has passed before issuing a penalty notice.
	Paragraph 5 sets out what must be provided in the penalty notice. This may include, for example, reasons why the Commissioner proposes to impose the penalty, reasons for the amount specified and details on rights of appeal.
	Paragraph 6 provides that any penalty must be paid within a specified period and that period cannot be less than 28 days from the date the penalty notice was issued.
	Paragraph 7 allows the Commissioner to vary a penalty notice by given written notice and sets out certain requirements for the variation notice.
	Paragraph 8 outlines the procedure the Commissioner must follow when cancelling a penalty notice.
	Paragraph 9 provides what conditions must be satisfied before the Commissioner can take to enforce a penalty.