Maximum penaltiesU.K.
50.—(1) In the following Table, each entry in the second column shows the amount specified for the purposes of section 33(1) (maximum penalty) for the following contraventions, where the relevant amount falls within the range shown in the corresponding entry in the first column—
(a)a contravention within section 31(3)(a)(i) (failure to comply with duty to keep accounting and other records); or
(b)a contravention within section 31(3)(a)(ii) (failure to comply with reporting requirements), other than the ones mentioned in paragraph (2)(a);
but this is subject to paragraph (3).
(2) In the following Table, each entry in the third column shows the amount specified for the purposes of section 33(1) (maximum penalty) for the following contraventions, where the relevant amount falls within the range shown in the corresponding entry in the first column, for—
(a)failing to comply with the requirements in—
(i)regulation 23 (contract pricing statement); or
(ii)regulation 38 (estimated rates agreement pricing statement); or
(b)a contravention within section 31(3)(d), (e) or (f) (assessment of proposed sub-contracts);
but this is subject to paragraph (3).
(3) In a case where—
(a)the Secretary of State gives a person a penalty notice in respect of a contravention within section 31(3)(a)(ii) (failure to comply with reporting requirements), and
(b)within the 12 months immediately preceding the date on which the Secretary of State gives the person that penalty notice, at least five other penalty notices for contraventions within section 31(3)(a)(ii) have been given to the person (or any person or persons associated with that person),
the amount specified for the purposes of section 33(1) (maximum penalty) is the amount prescribed by paragraph (1) or (2) (as the case may be) for that contravention, plus 20% of that amount.
(4) Any penalty notice which has been cancelled by the SSRO shall be disregarded for the purposes of paragraph (3).
(5) In this regulation, “the relevant amount” means—
(a)in the case of either—
(i)a contravention within section 31(3)(a)(i) by a person which is the designated person for the purpose of Part 6, or
(ii)a contravention within section 31(3)(a)(ii) which consists in a failure to comply with a requirement imposed by Part 6,
the total value of all qualifying defence contracts and qualifying sub-contracts to which the person who has been given the penalty notice, or any person associated with that person, is party;
(b)in all other cases, the value of the qualifying defence contract.
| Relevant amount | ||
|---|---|---|
| Less than or equal to £50,000,000 | £20,000 | £50,000 |
| More than £50,000,000 but less than or equal to £200,000,000 | £100,000 | £250,000 |
| More than £200,000,000 but less than or equal to £500,000,000 | £250,000 | £500,000 |
| More than £500,000,000 but less than or equal to £1,000,000,000 | £375,000 | £750,000 |
| More than £1,000,000,000 | £500,000 | £1,000,000 |