Regulation 19 Financial penalties

(1)

The CMA may impose a financial penalty on a motor fuel trader if it considers that the motor fuel trader has, without reasonable excuse—

(a)

provided false or misleading information in response to a request made under these Regulations;

(b)

failed to comply with a requirement imposed by these Regulations;

(c)

failed to comply with a requirement imposed in exercise of a power conferred by these Regulations.

(2)

The CMA may impose a financial penalty under this regulation—

(a)

whether or not it has issued a compliance notice under regulation 15 (compliance notices), and

(b)

whether or not the behaviour giving rise to the imposition of a financial penalty has been rectified.

(3)

The amount of a financial penalty imposed under this regulation may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in paragraphs (5) and (6).

(4)

The amount of a financial penalty under this regulation must be—

(a)

a fixed amount,

(b)

an amount calculated by reference to a daily rate, or

(c)

a combination of a fixed amount and an amount calculated by reference to a daily rate.

(5)

The maximum amounts of a financial penalty which may be imposed on a motor fuel trader are—

(a)

in the case of a fixed amount, an amount equal to 1% of the total value of the turnover, both inside and outside the United Kingdom, of the undertaking which the motor fuel trader constitutes or of which it forms part;

(b)

in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 5% of the total value of the daily turnover, both inside and outside the United Kingdom, of the undertaking which the motor fuel trader constitutes or of which it forms part;

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amounts mentioned in sub-paragraph (a), in relation to the fixed amount, and sub-paragraph (b), in relation to the amount calculated by reference to a daily rate.

(6)

In imposing a financial penalty under this regulation by reference to a daily rate—

(a)

no account is to be taken of any days before the service on the motor fuel trader concerned of the notice of intent under regulation 21(1) (financial penalties: procedural requirements), and

(b)

unless the CMA determines an earlier day, whether before or after the financial penalty is imposed, the amount payable ceases to accumulate at the beginning of the day on which the motor fuel trader first complies with the requirement in question.

(7)

Regulation 20 (determination of turnover and daily turnover) applies for the purposes of determining the turnover and daily turnover, both inside and outside the United Kingdom, of the undertaking which the motor fuel trader constitutes or of which it forms part.