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Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 1 — Monetary penalty notices
(b)
if the High Court so orders, as if it were payable under an order of
that court.
(3) In Scotland, the penalty is recoverable as if it were payable under an extract
registered decree arbitral bearing a warrant for execution issued by the
sheriff for any sheriffdom in Scotland.
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(1) A person on whom a monetary penalty notice containing an enforcement
obligation is served must comply with the obligation.
(2) The duty imposed by sub-paragraph (1) is enforceable by civil proceedings
by the Commissioner for an injunction, or for specific performance of a
statutory duty under section 45 of the Court of Session Act 1988, or for any
other appropriate relief.
Guidance
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(1) The Commissioner must prepare and issue guidance on how the
Commissioner proposes to exercise the Commissioner’s functions under
section 7 and this Schedule.
(2) The guidance must, in particular, deal with—
(a) the manner in which the Commissioner is to deal with claims of a
description specified in the guidance which may give rise to grounds
for serving a monetary penalty notice,
(b) the circumstances in which the Commissioner would consider it
appropriate to serve a monetary penalty notice,
(c) how the Commissioner will determine the amount of the penalty,
and
(d) the circumstances in which the Commissioner would consider it
appropriate to impose an enforcement obligation.
(3) The Commissioner may alter or replace the guidance.
(4) If the guidance is altered or replaced, the Commissioner must issue the
altered or replacement guidance.
(5) The Commissioner must arrange for the publication, in such form and
manner as the Commissioner considers appropriate, of any guidance issued
under this paragraph.
Interpretation of Part 1
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In this Part of this Schedule—
“address” means—
(a) in the case of a registered company, the address of its
registered office,
(b) in the case of a person (other than a registered company)
carrying on a business, the address of the person’s principal
place of business in the United Kingdom, and
(c) in any other case, the person’s last known address;
“the Commissioner” means the Investigatory Powers Commissioner;
“enforcement obligation” has the meaning given by paragraph 3(2);
“monetary penalty notice” means a monetary penalty notice under
section 7;