C28C37C33C1C25C26Part 3Mergers

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 applied (with modifications) (29.12.2004) by 1991 c. 56, Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

Pt. 3 (ss. 22-130) applied (1.10.2005) by 1991 c. 56, s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied (1.10.2005) by 1991 c. 56, s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)

C25

Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35

C33Chapter 5Supplementary

Investigation powers

C24C23C22C21C20C19C18C17C16C15C14C13C12C11C10C9C8C7C6C5C4C3C2C34C32C36C27C33C35C31C29C29C30C30C35111C33F1 Penalties

1

A penalty imposed under section 110(1) or (3) shall be of such amount as the F2CMA considers appropriate.

2

The amount may, in the case of a penalty imposed under section 110(1), be a fixed amount, an amount calculated by reference to a daily rate or a combination of a fixed amount and an amount calculated by reference to a daily rate.

3

The amount shall, in the case of a penalty imposed under section 110(3), be a fixed amount.

4

No penalty imposed under section 110(1) shall—

a

in the case of a fixed amount, exceed such amount as the Secretary of State may by order specify;

b

in the case of an amount calculated by reference to a daily rate, exceed such amount per day as the Secretary of State may so specify; 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 as the Secretary of State may so specify.

C29C305

In imposing a penalty by reference to a daily rate—

a

no account shall be taken of any days before the service of the notice under section 112 on the person concerned; and

b

unless the F5CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable shall cease to accumulate at the beginning of—

i

the day on which the requirement of the notice concerned under section 109 is satisfied F4...; or

ii

if earlier, F3 the day which is the relevant day in the case in question for the purposes of section 110A.

6

No penalty imposed under section 110(3) shall exceed such amount as the Secretary of State may by order specify.

7

An order under subsection (4) or (6) 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.

8

Before making an order under subsection (4) or (6) the Secretary of State shall consult the F6CMA and such other persons as he considers appropriate.