Commentary on Sections Part Three: Civil Sanctions Section 39: Fixed monetary penalties
111.This section enables a Minster to grant a regulator the power to issue a fixed monetary penalty on a person in relation to a regulatory offence.
112.Regulators may only impose a fixed monetary penalty when satisfied beyond reasonable doubt that the person has committed the relevant offence.
113.The amount of a fixed monetary penalty will be specified by the order made by the Minister. The regulator will not be able to exercise discretion in determining the amount of the fixed monetary penalty in any individual case.
114.Subsection (4) caps the level of fixed monetary penalty for offences triable summarily, and punishable by a fine on conviction, at the maximum fine applicable to that offence (which is usually £5,000).