Decisions to impose a penalty

Version 10 of the Handbook was published on 1 July 2014. For more information, please click "History" above.

Rule 8: Decisions to impose a penalty

8.1

Where the SRA is minded to direct a regulated person to pay a penalty, it may request from that person a statement as to their financial means, and such statement shall:

(a)

include a statement of truth signed by the person or a person duly authorised to sign on their behalf; and

(b)

be provided within 14 days from the date of the request or such longer period as the SRA may specify.

8.2

Where the SRA has decided to direct a regulated person to pay a penalty, the SRA may direct that the payment of all or part of the penalty be suspended on terms to be specified by the SRA in accordance with rule 8.3.

8.3

Any decision to suspend a penalty shall specify:

(a)

the payment which is being suspended;

(b)

the period of time for which the payment is suspended; and

(c)

the circumstances in which the payment is and is not payable, which may include that it shall become payable if the SRA makes a further SRA finding in respect of the person concerned in the period for which the payment has been suspended.

8.4

Where the SRA has directed a regulated person to pay a penalty, subject to rule 8.2 above, such penalty shall be paid within a time and in the manner specified by the SRA but shall not become payable until:

(a)

the end of the period during which an appeal may be made under rules 11 or 12, section 44E of the SA or paragraph 14C of Schedule 2 to the AJA or section 96 of the LSA; or

(b)

if such an appeal is made, such time as the appeal is determined or withdrawn.