Article 10 Article 9: supplementaryI1

the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest;

the need to exclude from disclosure (so far as practicable) any commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the person to which it relates;

the need to exclude from disclosure (so far as practicable) any information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests; and

the extent to which the disclosure of the information mentioned in sub-paragraph (b) or (c) is necessary for the purposes of the notice.

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties);

section 116 (statement of policy);

section 117 (false or misleading information)^f2; and

section 125 (offences by bodies corporate).

for subsection (A1), there were substituted—

“(A1)

For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under article 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”, and

subsection (8A) were omitted.

subsection (2) were omitted;

after subsection (3), there were inserted—

“(3A)

No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under article 9(8) of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in connection with the reference concerned or, if no direction has been given by the CMA under article 9(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and

in subsection (7), for the words “statutory maximum” there were substituted “amount specified as level 5 on the standard scale”; and

in subsection (9), the words from “or section” to “section 65(3))” were omitted.

for subsection (4) there were substituted–

“(4)

No penalty imposed under section 110(1) shall–

(a)

in the case of a fixed amount, exceed £20,000;

(b)

in the case of an amount calculated by reference to a daily rate, exceed £5,000; and

(c)

in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed–

(i)

in respect of a fixed amount, £20,000; and

(ii)

in respect of an amount calculated by reference to a daily rate, £5,000.”;

for subsection (5)(b)(ii) there were substituted–

“(ii)

if earlier, the day on which a notice is published by the CMA under article 9(8) of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in connection with the reference concerned or, if no direction is given by the CMA under article 9(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.”; and

for subsection (6) there were substituted–

“(6)

No penalty imposed under section 110(3) shall exceed £20,000.”.

in each of subsections (1)(a) and (2)–

in subsection (3), for the words “statutory maximum” there were substituted “amount specified as level 5 on the standard scale”.