Paragraph 16F F1
The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C.
The statement must include a statement about the considerations relevant to the determination of—
whether to impose a penalty under that paragraph, and
the nature and amount of any such penalty.
The CMA may revise its statement of policy and, where it does so, must publish the revised statement.
In preparing or revising its statement of policy the CMA must consult—
the Secretary of State, and
such other persons as the CMA considers appropriate.
A statement of policy, or revised statement, may not be published under this paragraph without the approval of the Secretary of State.
Annotations
Textual amendments
- F1
Sch. 5 paras. 16A-16J inserted (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8)
Notes on Schedule 5
Modifications
- C1
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))
- C2
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
- C3
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Notes on Part 3
Modifications
- C1
Sch. 5 Pt. 3: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)