Article 5 References: powers of investigationI1

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 a reference under article 3 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 of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”;

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.”;

in subsection (5)(b), for sub-paragraph (ii) there were substituted—

“(ii)

if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.

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”.