# The State Aid (EU Exit) Regulations 2019, Paragraph 3: Main procedural requirements


(1) The CMA must give notice to the person concerned as soon as practicable after imposing a penalty under regulation 32.
(2) The notice must specify—
(a) that the CMA has imposed a penalty on the person;
(b) whether the penalty is of a fixed amount, of an amount calculated by reference to a daily rate or of both a fixed amount and an amount calculated by reference to a daily rate;
(c) the amount or amounts concerned and, in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate;
(d) the failure or conduct which the CMA considers gave it the power to impose the penalty;
(e) any other facts which the CMA considers justify the imposition of a penalty and the amount or amounts of the penalty;
(f) the manner in which, and place at which, the penalty is required to be paid to the CMA;
(g) the date or dates by which the penalty or (as the case may be) different portions of it are required to be paid;
(h) that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid; and
(i) that the person has the right to apply to the CMA under sub-paragraph (4) or to appeal under paragraph 5 and the main details of those rights.
(3) The date or dates specified in a notice under sub-paragraph (2)(g) must be no earlier than the end of the period of 28 days beginning with the date of service of the notice on the person concerned.
(4) The person concerned may, within 14 days of the date of service of the notice on the person under sub-paragraph (1), apply to the CMA for it to specify a different date or (as the case may be) different dates by which the penalty or (as the case may be) different portions of it are to be paid.
(5) The CMA must notify the person concerned of the CMA’s decision following an application under sub-paragraph (4).
(6) The CMA must give notice under sub-paragraph (1) by—
(a) serving a copy of the notice on the person on whom the penalty was imposed; and
(b) publishing the notice.
(7) However, before publishing the notice, the CMA must give the person an opportunity to indicate whether the person considers that the CMA should treat any information in the notice as confidential information.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111178768/schedule/5/paragraph/3 (the official version)
Page: https://openlegislation.uk/draft-state-aid-eu-exit-regulations-2019/schedule-5/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

