Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 2 — Information provisions
(b)
(c)
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an amount calculated by reference to a daily rate, or
a fixed amount and an amount calculated by reference to a daily rate.
(4) But the total amount payable must not exceed £10,000.
(5) In the case of an amount calculated by reference to a daily rate—
(a) no account is to be taken of the day on which the Part 2 monetary
penalty notice is served or any day before that day, and
(b) the Part 2 monetary penalty notice must specify—
(i) the day on which the amount first starts to accumulate and
the circumstances in which it is to cease to accumulate, and
(ii) the period or periods within which the amount, or any part
or parts so far accumulated, must be paid to the
Commissioner.
Any period falling within paragraph (b)(ii) must not be less than 28 days
beginning with the day after the day on which the notice is served.
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(1) Part 1 of this Schedule applies in relation to a Part 2 monetary penalty notice
and the penalty that relates to that notice as it applies in relation to a Part 1
monetary penalty notice and the penalty that relates to that notice.
This is subject to the following modifications.
(2) The provisions in Part 1 of this Schedule so far as relating to enforcement
obligations do not apply in relation to a Part 2 monetary penalty notice.
(3) Paragraph 4 has effect in relation to a Part 2 monetary penalty notice as if in
sub-paragraph (6)(b) the reference to making representations about matters
falling within sub-paragraph (6)(b)(i) or (ii) were a reference to making
representations about matters falling within sub-paragraph (6)(b)(ii) only.
(4) Paragraph 6 has effect in relation to a Part 2 monetary penalty notice as if the
references in sub-paragraph (1) to an interception were references to
conduct falling within paragraph 16(1)(a) or (b).
(5) Paragraph 7(5) has effect in relation to a Part 2 monetary penalty notice as if
the references to an interception were references to conduct falling within
paragraph 16(1)(a) or (b).
Technical assistance for the Commissioner
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(1) OFCOM must comply with any reasonable request made by the
Commissioner, in connection with the Commissioner’s functions under
section 7 and this Schedule, for advice on technical and similar matters
relating to electronic communications.
(2) For this purpose, the Commissioner may disclose to OFCOM any
information obtained by the Commissioner under this Schedule.
(3) In this paragraph “OFCOM” means the Office of Communications
established by section 1 of the Office of Communications Act 2002.
Interpretation of Part 2
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In this Part of this Schedule—
“the Commissioner” means the Investigatory Powers Commissioner;
“enforcement obligation” has the meaning given by paragraph 3(2);