Chapter 3: Enforcement Section 38: The relevant maximum
This Section sets the relevant maximum penalty for breaches to be the greater of £10 million or 4 per cent of the person’s qualifying worldwide revenue for the person’s most recent complete accounting period.
	Where a non-compliant relevant person is a member of one or more groups (e.g. groups of companies), subsection (6) provides a power for the Secretary of State to determine the class of members within the group or groups that will have their revenue taken into account for the purposes of calculating the relevant maximum penalty.
	Subsection (7) provides a power for the Secretary of State to set out in regulations how qualifying worldwide revenue for a period is to be determined for the purpose of calculating the maximum possible penalty.
	Regulations under these powers are subject to the affirmative resolution procedure.