Where the Authority is satisfied that a regulated person—
the Authority may, subject to section 27C, impose on the regulated person a penalty of such amount as is reasonable in all the circumstances of the case.
Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Before imposing a penalty on a regulated person under subsection (1) the Authority shall give notice—
and shall consider any representations or objections which are duly made and not withdrawn.
Before varying any proposal stated in a notice under subsection (3)(a) the Authority shall give notice—
and shall consider any representations or objections which are duly made and not withdrawn.
As soon as practicable after imposing a penalty, the Authority shall give notice—
The regulated person may, within 21 days of the date of service on him of a notice under subsection (5), make an application to the Authority for it to specify different dates by which different portions of the penalty are to be paid.
Any notice required to be given under this section shall be given—
This section is subject to section 27O (maximum amount of penalty or compensation that may be imposed).
Any sums received by the Authority by way of penalty under this section shall be paid into the Consolidated Fund.
The power of the Authority under subsection (1) is not exercisable in respect of any contravention or failure before the commencement of section 59 of the Utilities Act 2000.