Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I have a question for the noble Baroness, but I confess to the fact, for the benefit of the noble Lord, Lord Razzall, that I did not make any submission to Professor Macrory; I made no input into the pre-legislative inquiries conducted before the Bill came before the House. Nor do I think that I had any obligation whatever; and nor can that be a requirement before I am allowed to address your Lordships on clauses now coming before us in a Bill. I find that a completely astonishing doctrine. Enough on that point. My point for the noble Baroness is that I have a real problem with new subsection (4) proposed by Amendment No. 57. It states: "““Provision pursuant to subsection (2)(c)(ii) ... may include provision for other circumstances in which the regulator may not decide to impose a fixed monetary penalty””." That seems to me to be totally unrelated to anything that I have read. Am I missing the point? Am I looking at the wrong subsection? What does it mean?