s 309W Statement of policy on penalties
(1) The appropriate regulator must prepare and issue a statement of its policy with respect to— (a) the imposition of penalties under section 309U , and (b) the amount of penalties under that section. (2) The appropriate regulator’s policy in determining whether a penalty should be imposed, and what the amount of a penalty should be, must include having regard to— (a) the conduct of the person on whom the penalty is to be imposed, (b) the extent to which the person could reasonably be expected to have known that a designated senior management function was performed without approval, (c) the length of the period during which the person performed a designated senior management function without approval, and (d) whether the person on whom the penalty is to be imposed is an individual. (3) The appropriate regulator’s policy in determining whether a penalty should be imposed on a person must also include having regard to the appropriateness of taking action against the person instead of, or in addition to, taking action against a relevant recognised body. (4) A statement issued under this section must include an indication of the circumstances in which the appropriate regulator would expect to be satisfied that a person could reasonably be expected to have known that the person was performing a designated senior management function without approval. (5) The appropriate regulator— (a) may alter or replace a statement issued under this section, and (b) if it does so, must issue the altered or replacement statement. (6) When imposing, or deciding whether to impose, a penalty on a person under section 309U , the appropriate regulator must have regard to any statement of policy published under this section (which was in force at a time when the person performed a designated senior management function without approval).