Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 1 — Monetary penalty notices
(a)
(b)
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a requirement on the person on whom the notice is served to cease
the interception on a specified day or within a specified period;
(where appropriate for achieving such a cessation) a requirement on
the person to take specified steps within a specified period, or to
refrain from taking specified steps after the end of a specified period.
(3) An enforcement obligation may not have effect before the end of the period
of 7 days beginning with the day after the day on which the notice is served.
(4) Where an enforcement obligation is included in a monetary penalty notice
under this paragraph, the notice must state what the obligation is and the
grounds for including it.
Consultation requirements before service of monetary penalty notices
4
(1) The Commissioner must proceed in accordance with sub-paragraphs (2) to
(7) before serving a monetary penalty notice on a person.
(2) The Commissioner must serve a notice of intent on the person.
(3) A notice of intent is a notice that the Commissioner proposes to serve a
monetary penalty notice on the person.
(4) A notice of intent served on a person must, in particular—
(a) state the name and address of the person,
(b) state the grounds on which the Commissioner proposes to serve the
monetary penalty notice,
(c) provide an indication of the amount of the monetary penalty that the
Commissioner proposes to impose and the Commissioner’s grounds
for deciding that amount,
(d) state whether the monetary penalty notice is to include any
enforcement obligation and, if so, what the obligation is and the
grounds for including it,
(e) state the date on which the Commissioner proposes to serve the
monetary penalty notice,
(f) inform the person that the person may make written representations
in relation to the Commissioner’s proposal within a period specified
in the notice, and
(g) inform the person that the person may, within a period specified in
the notice, request an oral hearing before the Commissioner in order
to make representations of the kind mentioned in sub-paragraph
(6)(b).
(5) No period specified as mentioned in sub-paragraph (4)(f) or (g) may be less
than 21 days beginning with the day after the day on which the notice is
served.
(6) Where the person has requested an oral hearing within the period specified
for the purpose in the notice—
(a) the Commissioner must arrange such a hearing, and
(b) the person may make representations at the hearing about—
(i) any matter falling within section 7(3)(c), or
(ii) any other matter relating to the Commissioner’s proposal
which, by virtue of section 56, the person would be unable to
raise on an appeal under paragraph 8.