Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Matters to be considered in determining sanction to be imposed | ||
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54. The Board, the appeals committee or the High Court, as appropriate, in considering the sanction (if any) to be imposed— | ||
(a) on a registered person under section 49 (2)(a), or | ||
(b) on a registered person pursuant to a decision confirmed or given under section 50 , 52 or 53 , | ||
shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to— | ||
(i) the need to ensure that any sanction imposed— | ||
(I) is appropriate and proportionate to the improper conduct, and | ||
(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future, | ||
(ii) the seriousness of the improper conduct, | ||
(iii) the extent of any failure by the registered person to co-operate with the investigation concerned of the registered person, | ||
(iv) any excuse or explanation by the registered person for the improper conduct or failure to co-operate with the investigation concerned, | ||
(v) the duration of the improper conduct, | ||
(vi) the repeated occurrence of improper conduct by the registered person, | ||
(vii) if applicable, the continuation of the improper conduct after the registered person was notified of the investigation concerned, | ||
(viii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct, | ||
(ix) whether a sanction in respect of like improper conduct has already been imposed on the registered person by a court, the Board or another person, and | ||
(x) any precedents set by a court, the Board or another person in respect of a previous improper conduct. |