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98.—(1) The penalties in paragraph (2) apply where a participant—
(a)fails to provide the information in section 1 of Schedule 5 where required under Part 2 or Schedule 6;
(b)in purported compliance with the requirements in sub-paragraph (a), provides inaccurate information;
(c)fails to provide a notification to the administrator as required under—
(i)article 38(5); or
(ii)Part 1, 2 or 3 of Schedule 6.
(2) The penalties are—
(a)the financial penalty of £5000 and publication; and
(b)where the participant provides inaccurate information and—
(i)achieves a higher position in the performance table than it would have done had it provided the information accurately; and
(ii)in consequence the participant received a grant under section 53(1)(b) of the Act from the Secretary of State which is greater than it would otherwise have done,
a penalty of double the amount of the grant which the participant should not have received.
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