SCHEDULERECOVERABLE SUMS

Regulation 6(1)

1

For the purposes of regulation 6, the recoverable sum shall be the sum of—

a

the difference between the amount which a person would have received had the product been supplied at the maximum price and the amount that the person actually received; and

b

the amount calculated by multiplying that difference by the appropriate additional percentage specified in the Table in paragraph 2.

2

In respect of a contravention described in column (1) of the following table, the appropriate additional percentage is specified opposite in column (2).

THE TABLE

Contravention

Additional Percentage

Column (1)

Column (2)

First contravention

5 per cent

Second contravention

15 per cent

Third contravention

25 per cent

Fourth contravention

35 per cent

Fifth or subsequent contravention

50 per cent

3

For the purposes of this Schedule—

a

“second contravention” means a contravention which occurs where a presentation continues to be supplied in excess of the maximum price for a period of two months after the first contravention which relates to that presentation; and

b

each subsequent contravention occurs where the same presentation continues to be supplied for a further period of two months from the date of a previous contravention which relates to that product.