Commentary on Sections Part 6: Consumer Protection and Miscellaneous New section 30O: Maximum amount of penalty or compensation
614.Subsection (1) sets the maximum amount of penalty that may be imposed on a regulated person in respect of a contravention at 10 per cent of that person’s turnover. Subsection (2) sets the maximum amount of compensation that may be imposed on a regulated person at the same level of a regulated person’s turnover. Subsection (3) engages subsection (4) if both a penalty and compensation are to be paid by a regulated person. Subsection (4) limits the total amount of a penalty to be paid and the total amount of compensation to be paid when combined to 10 per cent of that regulated person’s turnover.
615.Subsection (5) allows the Secretary of State to determine by order how a person’s turnover is to be determined for the purpose of this section.
616.Subsection (7) requires an order under subsection (5) to be laid before and approved by a resolution of each House of Parliament before it may be made.
617.Subsection (8) defines “compensation” and “penalty”.