(1) If a service provider fails to comply with the notification requirements of regulation 5A, the Information Commissioner may issue a fixed monetary penalty notice in respect of that failure.

(2) The amount of a fixed monetary penalty under this regulation shall be £1,000.

(3) Before serving such a notice, the Information Commissioner must serve the service provider with a notice of intent.

(4) The notice of intent must -

(a) state the name and address of the service provider;

(b) state the nature of the breach;

(c) indicate the amount of the fixed monetary penalty;

(d) include a statement informing the service provider of the opportunity to discharge liability for the fixed monetary penalty;

(e) indicate the date on which the Information Commissioner proposes to serve the fixed monetary penalty notice; and

(f) inform the service provider that he may make written representations in relation to the proposal to serve a fixed monetary penalty notice within the period of 21 days from the service of the notice of intent.