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Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 1 — Monetary penalty notices
(7) The Commissioner must consider any representations which have been
made by the person in accordance with the notice or sub-paragraph (6).
(8) If the Commissioner decides not to serve a monetary penalty notice on a
person as a result of any representations which have been made by the
person in accordance with a notice of intent or sub-paragraph (6), the
Commissioner must inform the person of that fact.
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(1) The Commissioner may not vary a notice of intent except as set out in subparagraph (2).
(2) The Commissioner may vary a notice of intent by extending the period
mentioned in paragraph 4(4)(f) or (g).
(3) Sub-paragraph (1) does not prevent the Commissioner from serving a new
notice of intent instead of varying such a notice.
(4) The Commissioner may cancel a notice of intent.
(5) A variation or cancellation of a notice of intent is effected by serving on the
person on whom the notice was served a notice setting out the variation or
cancellation.
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(1) The Commissioner must not serve a monetary penalty notice on a person in
respect of an interception if any notice of intent in respect of that interception
was served on the person more than 3 months earlier.
(2) But the Commissioner may serve a monetary penalty notice on a person
where the service of the notice would otherwise be prevented by subparagraph (1) if the Commissioner—
(a) considers it reasonable to do so, and
(b) includes the reasons for doing so in the monetary penalty notice.
Variation or cancellation of monetary penalty notices
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(1) The Commissioner may vary or cancel a monetary penalty notice.
(2) But the Commissioner may not vary a monetary penalty notice in a way that
is detrimental to the person on whom it was served (whether by increasing
the amount of the monetary penalty, by reducing the period specified in the
notice as the period within which the penalty must be paid, by imposing a
new enforcement obligation or making an existing enforcement obligation
effective earlier or otherwise more onerous, or otherwise).
(3) The Commissioner must—
(a) in the case of a variation which reduces the amount of a monetary
penalty, repay any excess already paid in accordance with the notice,
and
(b) in the case of a cancellation, repay any amount already paid in
accordance with the notice.
(4) A variation or cancellation of a monetary penalty notice is effected by
serving on the person on whom the monetary penalty notice was served a
notice setting out the variation or cancellation.
(5) The Commissioner may not serve another monetary penalty notice on a
person in respect of an interception if the Commissioner has cancelled a
previous notice served on the person in respect of the same interception.