(1) When determining the amount of a financial penalty, an adjudicator shall have regard to -

(a) the need to ensure that the financial penalty is -

(i) appropriate,

(ii) effective,

(iii) proportionate to the regulatory breach, and

(iv) dissuasive (including whether it will act as a sufficient deterrent to ensure that any similar regulatory breach will not occur in the future),

(b) the seriousness of the regulatory breach,

(c) in the case of breach by -

(i) a person that is not a natural person, the turnover of the person in the State in the financial year ending in the year immediately before the financial year in which the regulatory breach last occurred, or

(ii) a natural person, the annual income of the person on whom the financial penalty is to be imposed, in the year preceding the year in which the regulatory breach last occurred,

(d) the extent of any failure by the person to cooperate with the investigation concerned, whether or not such failure is prosecuted,