Part 3: Enforcement and appeals Section 40: Power to impose monetary penalties
Section 40 enables the Secretary of State to impose a monetary penalty on a person where they are satisfied beyond reasonable doubt that the person has committed an offence under Sections 32, 33 or 34. Subsection (6) provides that the amount of the penalty must be such amount as the Secretary of State considers appropriate, but it may not exceed the maximum penalty for the offence as set out in section 41. Subsection (7) requires the Secretary of State to have regard to various factors when determining the amount of a monetary penalty, including the seriousness of the offence and the ability of the penalised person to pay the penalty. Further information on the monetary penalties is set out in the table after paragraph 135 above.