The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000

Citation and commencement U.K.

1.—(1) This Order may be cited as the Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 and shall come into force on 1st March 2000.

Commencement Information

I1 Art. 1 in force at 1.3.2000, see art. 1(1)

Interpretation U.K.

2.—(1) In this Order:

“the Act” means the Competition Act 1998;

“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Schedule to this Order; and where a business year does not equal 12 months the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to that period;

“business year” means a period of more than six months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts;

F1 ...

Textual Amendments

F1 Words in art. 2(1) cease to have effect (1.5.2004) by virtue of The Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004 (S.I. 2004/1259), arts. 1, 2(2)

Commencement Information

I2 Art. 2 in force at 1.3.2000, see art. 1(1)

Determination of turnover for the purposes of section 36(8) U.K.

[F2 3.   The turnover of an undertaking for the purposes of section 36(8) is the applicable turnover for the business year preceding the date on which the decision of the [F3 CMA] is taken or, if figures are not available for that business year, the one immediately preceding it.]

Textual Amendments

F2 Art. 3 substituted (1.5.2004) by The Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004 (S.I. 2004/1259), arts. 1, 2(3)

F3 Word in art. 3 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 2 (with art. 3)

4.  Where in the application of article 3 there is any period in respect of which there is no preceding business year then the applicable turnover shall be the turnover for that period.

Commencement Information

I3 Art. 4 in force at 1.3.2000, see art. 1(1)