SCHEDULE 4 U.K. FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 2 U.K. Mitigating factors

1.  Action taken to eliminate or reduce the risk of damage resulting from the non-compliance. U.K.

2.  Action taken by P to repair the harm done by the non-compliance. U.K.

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance. U.K.

4.  Whether P reported the non-compliance to the enforcement authority. U.K.

5.  Financial resources of P. U.K.

6.  Size of P’s business. U.K.

7.  Availability of non-compliant product, including the number of retail shops in which it has been marketed. U.K.

8.  The conduct of P after the non-compliance was drawn their attention by an enforcement authority. U.K.

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority. U.K.