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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 3 January 2018 - onwards
Version 2 of 2

Regulation 127 Exercise of supervisory powers and powers to impose sanctions

The Bank shall, when determining the type and level of an administrative sanctions or other administrative measures to be imposed in exercise of the powers under Regulation 119 in respect of a contravention, take into account all relevant circumstances, including, where appropriate -

(a) the gravity and the duration of the contravention,

(b) the degree of responsibility of the person responsible for the contravention,

(c) the financial strength of the responsible person, as indicated in particular by the total turnover of the person (in the case of a legal person) or the annual income and net assets of a natural person,

(d) the importance of profits gained or losses avoided by the responsible person, in so far as they can be determined,

(e) the losses for third parties caused by the contravention, in so far as they can be determined,

(f) the level of cooperation of the responsible person with the Bank, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person, and

(g) previous contraventions by the responsible person.