A fine may not exceed 10 per cent of the turnover of the awarding organisation, as defined in secondary legislation⁶. In determining the amount of the fine, we will take into account all the circumstances of the case. The relevant factors will vary but will be closely related to those relevant to the determination of a fine as an appropriate sanction, so the list of factors above under 'Determining when to impose a fine' will be taken into account in considering the amount of a fine.

As well as those factors listed above, we will also take into account all relevant factors, which could be aggravating factors which may increase the amount of the fine, or mitigating factors which may reduce the amount of the fine. The following is a non-exhaustive list of further factors which we will consider in determining the amount of a fine:

• steps taken by the awarding organisation to rectify and/or prevent any recurrence of the breach,
• whether the breach was reported promptly to us by the awarding organisation, and any attempt to conceal the breach,
• the level of co-operation with any investigation,
• whether the breach gave rise to financial gain or competitive advantage,
• the provision of restitution and compensation (where appropriate) to those affected by the breach,
• the circumstances of the breach in comparison to similar breaches for which fines have been imposed, and
• the turnover of the awarding organisation's regulated activities in relation to the turnover of the awarding organisation (from regulated activities and any other activities).

In appropriate circumstances, we will also consider financial sanctions which have been imposed in relation to the breach by another regulatory body as a factor in determining the amount of a fine.

All money received in payment of a fine is paid into the Government‟s Consolidated Fund. There is no financial incentive for us to impose a fine.

6. This definition is subject to a separate consultation which runs until 15th March, conducted by the Department for Education. It is available from www.education.gov.uk/consultations [↩]