Article 98 Failures to provide information or notifications

(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.