A penalty imposed by a penalty notice must be of an amount that the Secretary of State considers to be—
appropriate, and
proportionate to the relevant breach in respect of which it is imposed.
In determining the amount of a penalty to be imposed by a penalty notice on a person, the Secretary of State must take into account the following matters (among others)—
the effects of the relevant breach in respect of which the penalty is imposed;
any action taken by the person to remedy the relevant breach or mitigate its effects.
In this section "relevant breach" has the same meaning as in section 36.