Part 3: Enforcement of consumer protection law Chapter 5: Monetary penalties: general provision Section 205: Power to amend amounts
This section gives a delegated power to the Secretary of State to make regulations to amend the stated maximum monetary amount for the non-turnover based penalties for both the fixed penalties and daily penalties imposable under this Part. This power may be used to update maximum monetary amounts in order to offset the erosion of the real value of the fixed maxima through inflation, or to amend the maximum fixed or daily penalty amounts (both upwards and downwards) to achieve the intended policy outcome of effective deterrence of non-compliance in a proportionate manner. This power does not allow for amendment to the percentage amount, which is stated for the purpose of determining a maximum penalty by reference to the enforcement subject’s turnover.
	The Secretary of State must consult with relevant parties before making these regulations (subsection (2)).
	Regulations under this section are subject to the draft affirmative procedure (see section 337, subsection (3)).