Regulation 7(1)
1. For the purposes of regulation 7, the recoverable sum shall be the sum of—
(a)the difference between the amount which a person would have received had the product been supplied at the maximum price and the amount that the person actually received; and
(b)the amount calculated by multiplying that difference by the appropriate additional percentage specified in the Table in paragraph 2.
2. In respect of a contravention described in column (1) of the following table, the appropriate additional percentage is specified opposite in column (2).
THE TABLE
| Contravention | Additional Percentage |
|---|---|
| Column (1) | Column (2) |
| First contravention | 5 per cent |
| Second contravention | 15 per cent |
| Third contravention | 25 per cent |
| Fourth contravention | 35 per cent |
| Fifth or subsequent contravention | 50 per cent |
3. For the purposes of this Schedule—
(a)“second contravention” means a contravention which occurs where a presentation continues to be supplied in excess of the maximum price for a period of two months after the first contravention which relates to that presentation; and
(b)each subsequent contravention occurs where the same presentation continues to be supplied for a further period of two months from the date of a previous contravention which relates to that product.