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  3. Amending section 2.39 of the Statement of principles for determining financial penalties: Consultation Response

Consultation response

Amending section 2.39 of the Statement of principles for determining financial penalties: Consultation Response

This response sets out our position in response to the consultation on amending section 2.39 in the Statement of principles for determining financial penalties.

Published
22 July 2026

Last updated
22 July 2026 - Changes

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Contents

Evaluating the impact of relevant changes

As this change only relates to the destination of where future regulatory settlements are sent, we do not anticipate undertaking any evaluation.

Equalities impact assessment

We are committed to ensuring that our proposals do not have a negative impact on the protected characteristics outlined in the Equality Act 2010 and do not give rise to unlawful discrimination, harassment, victimisation or other conduct prohibited under the Act. As set out in our consultation we are of the view that this proposal does not give rise to any known negative impacts in the context of protected characteristics under the Equalities Act but we invited views, evidence or information from respondents which might assist us in considering any equalities impacts in the context of the consultation proposal. There were no comments in relation to any equalities impacts for the specific proposal to direct future regulatory settlements to the Consolidated Fund. We remain of the view that this change does not raise any issues connected with Equalities considerations.

Implementation

The implementation of this amendment to the destination of future regulatory settlements does not require operators to make changes to their systems or processes, and we are not required to provide a 3-month notice period for changes to our Statement of principles for determining financial penalties as would ordinarily be the case with changes to our Licence Conditions and Codes of Practice (LCCP), other than in cases of urgency. As a result, we intend to enforce the change to section 2.39 of the Statement of principles for determining financial penalties with immediate effect. This change will apply to all regulatory settlements that are finalised on or after this date and which include an amount in lieu of a financial penalty.

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Summary of responses - Statement of principles for determining financial penalties: Consultation Response
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