Penalties guidance: interconnections between the Regulations
When considering if the Regulations have been breached the specific requirements demanded by each regulation must not be seen in isolation.
Some of the requirements are very specific, such as the requirement to train staff, while others such as the customer due diligence requirements, are closely linked to each other. When a breach of one of these related Regulations occurs, it is highly likely that the failing will have breached another related regulation. For example, a breach of Regulation 7 is likely to result in a failure to correctly apply risk-sensitive customer due diligence by staff who have not been trained. These connections are also underpinned by the connection between the individual Regulation and the risk-sensitive policy requirements in Regulation 20.
Where related breaches have been identified it is recommended that a single penalty should be calculated for all the related breaches.
For MSBs there may also be a relationship between breaches of both the MLR and Payments Regulation, for example, failing to keep records.
If there is any pre 2007 element to a breach of the regulations, officers should contact the policy team for guidance on penalties.