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Enterprise Act 2002

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Changes over time for: Section 174D

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[F1174DPenalties [F2: amount] U.K.
This section has no associated Explanatory Notes

(1)A penalty imposed under section 174A(1) or [F3(3)] [F3(1A)] shall be of such amount as [F4the CMA] [F4the relevant authority] considers appropriate.

(2)In the case of a penalty imposed under section [F5174A(1)] [F5174A(1)(a)], the amount may be—

(a)a fixed amount;

(b)an amount calculated by reference to a daily rate; or

(c)a combination of a fixed amount and an amount calculated by reference to a daily rate.

(3)In the case of a penalty imposed under [F6section 174A(3)] [F6any of section 174A(1)(b), (c) or (1A)], the amount shall be a fixed amount.

(4)[F7A penalty imposed under section 174A(1) shall not—] [F7A penalty imposed under section 174A(1) or (1A) on a person who does not own or control an enterprise must not—]

(a)in the case of a fixed amount, exceed [F8such amount as the Secretary of State may by order specify][F8£30,000];

(b)in the case of an amount calculated by reference to a daily rate, exceed [F9such amount per day as the Secretary of State may so specify][F9£15,000 per day]; and

(c)in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day [F10as the Secretary of State may so specify].

[F11(4A)A penalty imposed under section 174A(1) or (1A) on any other person must not—

(a)in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(b)in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(c)in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.]

(5)[F12A penalty imposed under section 174A(3) shall not exceed such amount as the Secretary of State may by order specify.]

(6)[F12An order under subsection (4) or (5) shall not specify—

(a)in the case of a fixed amount, an amount exceeding £30,000;

(b)in the case of an amount calculated by reference to a daily rate, an amount per day exceeding £15,000; and

(c)in the case of a fixed amount and an amount calculated by reference to a daily rate, a fixed amount exceeding £30,000 and an amount per day exceeding £15,000.]

[F13(6A)The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.]

(7)Before making [F14an order under subsection (4) or (5)] [F14regulations under subsection (6A)], the Secretary of State shall consult—

(a)the CMA; and

(b)such other persons as the Secretary of State considers appropriate.

(8)In imposing a penalty by reference to a daily rate—

(a)no account is to be taken of any days before the service on the person concerned of [F15notice of the penalty under section 112] [F15provisional penalty notice under section 112(A1)] (as applied by [F16subsection (10)] [F16section 174A(10)]); and

(b)unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (9).

(9)Those days are—

(a)the day on which the requirement of the notice concerned under section 174 is satisfied;

(b)the day which is the relevant day in the case in question for the purposes of section 174B.

(10)[F17Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (3) as they apply in relation to a penalty imposed under section 110(1) or (3).]

[F18(11)The Secretary of State may by regulations make provision for determining, for the purposes of this section—

(a)when an enterprise is to be treated as being controlled by a person;

(b)the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise.

(12)Regulations under subsection (11)(b) may, in particular, make provision as to—

(a)the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover;

(b)the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined.

(13)Regulations under subsection (11) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (12)).]]

Textual Amendments

F1Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15Words in s. 174D(8)(a) substituted (24.5.2024 for specified purposes) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(11)(a)

Modifications etc. (not altering text)

C5Pt. 4 certain functions made exercisable concurrently (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 59(1)-(5), 148(5); S.I. 2014/823, art.

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