s 22 Guidance as to use of civil sanctions
(1) An administrator must publish guidance about its use of civil sanctions under these Regulations. (2) The guidance must contain the relevant information (see paragraphs (5) and (6)). (3) An administrator must revise the guidance where appropriate. (4) An administrator must have regard to the guidance or revised guidance in exercising its functions. (5) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in paragraph (2) is information as to— (a) the circumstances in which the penalty is likely to be imposed; (b) the circumstances in which the penalty may not be imposed; (c) the amount of the penalty; (d) how liability for the penalty may be discharged and the effect of discharge; (e) rights to make representations and objections; and (f) rights of appeal. (6) In the case of guidance relating to a discretionary requirement, the relevant information referred to in paragraph (2) is information as to— (a) the circumstances in which the requirement is likely to be imposed; (b) the circumstances in which the requirement may not be imposed; (c) in the case of a variable monetary penalty, the matters likely to be taken into account by the administrator in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance); (d) rights to make representations and objections; and (e) rights of appeal.