PART 4 U.K.Independent advice on and monitoring of UK internal market

Information-gathering powers U.K.

43 Penalties U.K.

(1) A penalty imposed under section 42(1) or (2) may be of such amount as the CMA considers appropriate.

(2) The amount of a penalty imposed under section 42(1) 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) The amount of a penalty imposed under section 42(2) must be a fixed amount.

(4) A penalty imposed under section 42(1) may not exceed—

(a) in the case of a fixed amount, such amount as the Secretary of State may specify in regulations,

(b) in the case of an amount calculated by reference to a daily rate, 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, such fixed amount and such amount per day as the Secretary of State may so specify.

(5) A penalty imposed under section 42(2) may not exceed such amount as the Secretary of State may specify in regulations.

(6) Regulations under subsection (4) or (5) may 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.

(7) Regulations under subsection (4) or (5) are subject to negative resolution procedure.

(8) Before making regulations under subsection (4) or (5) the Secretary of State must consult—

(a) the CMA,

(b) each other relevant national authority, and

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

(9) 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 notice of the penalty under section 112 of the Enterprise Act 2002 (as applied by subsection (11)), 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 (10).

(10) The days mentioned in subsection (9) are—

(a) the day on which the requirement of the notice concerned under section 41 is satisfied;

(b) the day referred to in paragraph (a)(i), (a)(ii), or (a)(iii), (b), (c), (d) or (e) (as the case may be) of section 42(4).

(11) Sections 112 to 115 of the Enterprise Act 2002 (procedural requirements, appeals etc in relation to penalties) apply in relation to a penalty imposed under section 42(1) or (2) as they apply in relation to a penalty imposed under section 110(1) of that Act.

Modifications etc. (not altering text)

C1 Ss. 41-43: power to modify conferred (28.4.2022) by Subsidy Control Act 2022 (c. 23), ss. 67(3), 91(1)(b)

C2 S. 43 applied (with modifications) (4.1.2023) by The Subsidy Control (Information-Gathering Powers) (Modification) Regulations 2022 (S.I. 2022/1152), regs. 1(1), 2(c)

C3 Ss. 41-43 applied (with modifications) (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 67(1)(2), 91(2); S.I. 2022/1359, reg. 2

Commencement Information

I1 S. 43 in force at 14.6.2021 by S.I. 2021/706, reg. 2