SCHEDULES

SCHEDULE 5 U.K. Investigatory powers etc.

Modifications etc. (not altering text)

C1 Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2 Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3 Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

PART 3 U.K. Powers in relation to the production of information

Modifications etc. (not altering text)

C4 Sch. 5 Pt. 3: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)

[F1 Penalties imposed under paragraphs 16A and 16C: further provision U.K.

Textual Amendments

F1 Sch. 5 paras. 16A-16J inserted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19)

16G (1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time carries interest at the statutory rate. U.K.

(2) Where an application has been made under paragraph 16A(8) or 16C(8), the penalty is not required to be paid until the application has been determined, withdrawn or otherwise disposed of.

(3) If a portion of a penalty has not been paid by the date required for it, the enforcer to whom it is payable may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid (and is capable of being paid immediately) to be paid immediately.

(4) Where on an appeal under paragraph 16D the appropriate court substitutes a penalty of a different nature or of a lesser amount, the court may require the payment of interest at the statutory rate on the substituted penalty from whatever date it considers appropriate (which may include a date before the determination of the appeal).

(5) In the case of a monetary penalty imposed on a firm, the penalty is to be paid out of the assets or funds of the firm.

(6) Sums received from a person towards payment of a monetary penalty must be paid—

(a) in the case of a penalty imposed by an order of the Court of Session or the Sheriff, into the Scottish Consolidated Fund;

(b) in the case of a penalty imposed by an order of a court in Northern Ireland, into the Consolidated Fund of Northern Ireland;

(c) in any other case, into the Consolidated Fund of the United Kingdom.

(7) In this paragraph—

• “penalty” means a penalty imposed under paragraph 16A or 16C;

• “statutory rate” means the rate for the time being specified in section 17 of the Judgments Act 1838.]