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S.L. 546.1 · Organisational Structures For Data (S.L. 546.1)

S.L. 546.1 Art. 13Administrative fines. 

In KraftAmtlicher Text

(1) Where the regulatory authority imposes an administrative fine, it shall by order in writing require the public sector body to pay such administrative fine, which shall be due to the regulatory authority as a civil debt:

Provided that such order shall be subject to the appeal procedure.

(2) In the absence of an appeal, the decision of the regulatory authority shall become final and shall constitute an executive title for the purposes of Title VII of the Code of

Organization and Civil Procedure as if the decision had been ordered by a judgement of a court of civil jurisdiction.

(3) Where a notice imposing an administrative fine is served AND RE-USE

on a public sector body and -

(a) such public sector body fails to appeal within such time as an appeal may be entered and fails to pay the fine so imposed; or

(b) such public sector body appeals within such time to the Administrative Review Tribunal and the appeal is withdrawn or the Tribunal confirms the fine in the amount fixed by the Commissioner or in an amount reduced by it and no further appeal is filed with the Court of Appeal, or if an appeal is filed with the Court of Appeal and such Court either confirms the decision taken or decides that a penalty is due in another amount, or the imposed penalty is not paid within fifteen days from the date of the decision or the withdrawal of the appeal, or the date when the Tribunal or the Court of Appeal confirms or varies the penalty as aforesaid, the regulatory authority shall be entitled to take civil action to recover the amount due.

(4) Such a fine shall not be less than two thousand five hundred euro (€2,500) and shall not exceed ten thousand euro (€10,000) for each violation, and or a daily fine not less than twenty-five euro (€25) and not more than fifty euro (€50).

(5) Without prejudice to the preceding provisions of this regulation, the regulatory authority may, after giving due regard to the circumstances of the case, impose an administrative fine on any public sector body that -

(a) knowingly provides false information to the regulatory authority when so requested by the regulatory authority pursuant to its investigative powers; or

(b) does not comply with any lawful request pursuant to an investigation by the regulatory authority:

Provided that such a fine shall not be less than two thousand five hundred euro (€2,500) and shall not exceed ten thousand euro (€10,000) for each violation.

Änderungsgeschichte
  • Amended by L.N. 20 of 2025