MLR1PP8500 - Penalties Guidance: Step 3(1): Calculating the culpable turnover: Introduction

The third step is to calculate the culpable turnover for the relevant period.

If more than one Regulation has been breached Compliance Officers will have to first decide if they are going to issue one single penalty for all of the breaches or a separate penalty for each breach. See MLR1PP9350 

In most circumstances a single penalty covering all the breaches will be appropriate. This is referred to as the single penalty, or standard method. See MLR1PP9400

When it is appropriate to issue separate penalties for each breach this is referred to as the separate penalty method. See MLR1PP9450 

The main point to note is that the total penalty will always be the same which ever method is used.

The penalty framework places the onus on the business to provide us with the details we need to calculate the penalty. Failure to co-operate with us will be taken into account when considering what penalty reductions may be appropriate. See MLR1PP10050

Failure to co-operate will not result in a smaller penalty for a business. If a business fails to co-operate and agreement can not be reached about the details we need to calculate a penalty, we will either:

• Make a determination of these details. A determination is an estimate based on all the details that we have
• Suspend the penalty framework and levy what we believe is an appropriate penalty based on all the relevant facts

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)