Article 4 Determination of Turnover for the purposes of section 57A(3)

(1)

The turnover of a relevant operator, for the purposes of section 57A(3), is—

(a)

the applicable turnover for the business year preceding the date on which a notice pursuant to section 57C(1)^f1 of the Act was served on the relevant operator; and

(b)

where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under sub-paragraph (a) which bears the same proportion to the applicable turnover for that business year as the period by which the length of the infringement exceeds 12 months bears to 12 months;

save that the amount added under sub-paragraph (b) shall not exceed the amount of the applicable turnover for the preceding business year in question.

(2)

For the purposes of this article, “length of the infringement” means the period of the contravention of the relevant condition or requirement or final or provisional order by the relevant operator.

Annotations

Footnotes

f1: section 57C(1) was inserted by the Transport Act 2000, section 225(1).