40 Power to impose monetary penalties

Civil sanctions

40  Power to impose monetary penalties

(1)     Subject to section 43(1), the Secretary of State may give a notice imposing a monetary penalty on a person if the Secretary of State is satisfied, beyond reasonable doubt, that the person has committed an offence under—

(a)     section 32 (completing notifiable acquisition without approval),

(b)     section 33 (failing to comply with interim or final order), or

(c)     section 34 (offences in relation to supplying information and attendance of witnesses),

(including where the person is liable to be proceeded against by virtue of section 36).

(2)     A notice under this section is referred to in this Act as a penalty notice.

(3)     In this Act “monetary penalty” means a requirement to pay to the Secretary of State a penalty of an amount determined by the

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