Commentary Part 1 – Airports Enforcement of licence conditions Section 44: Amount of penalty: fixed amount
151.Section 44 provides that a penalty of a fixed amount that is imposed on a person for contravention of a licence condition or contravention of an order must not exceed 10% of a person’s qualifying turnover for the qualifying period. Subsections (2) to (6) and (9) explain what is meant by “qualifying turnover” and “qualifying period”. The person’s qualifying turnover for the qualifying period is to be taken to be the figure reported in what are known as regulatory accounts, unless regulations made by the Secretary of State (under subsections (7) and (8)) provide otherwise.