We will determine whether to impose a fine according to the steps set out above. The following is a non-exhaustive list of factors which we will consider:

• the seriousness of the breach, particularly in relation to its effect on standards of qualifications, public confidence, or an efficient qualifications system
• the effect of the breach (both in terms of the seriousness of the impact and the number of those affected) on purchasers, learners and users of qualifications,
• the effect of the breach on our ability to regulate the organisation effectively in future,
• whether the breach was prolonged or repeated,
• whether the awarding organisation has breached regulatory requirements in the past, and if so how frequently,
• the extent to which the circumstances of the breach were within the control of the awarding organisation,
• the nature of the conduct of the awarding organisation in relation to the breach, including the intention of and any negligence on the part of the awarding organisation and whether the breach gives rise to concerns about the organisation‟s management or control, and
• whether a fine is likely to improve compliance with regulatory conditions in future (including by other awarding organisations).

In appropriate circumstances, we will also consider any financial sanctions which have been imposed in relation to the breach by another regulatory body (such as the Welsh Ministers) as a factor in determining whether to impose a fine.