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5.—(1) Section 102 (power of Commission to impose penalty) is amended as follows.
(2) In subsection (1)(a) after “subsection (1) of section 101” there is inserted “or subsection (1) of section 101B”.
(3) In subsection (2) after “subsection (1) of section 101” there is inserted “or subsection (1) of section 101B”.
(4) After subsection (2) there is inserted—
“(2A) Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with subsection (1) of section 101B, the Commission shall consult such persons (who may include competent authorities in other EEA States) as appear to the Commission to be appropriate.”
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