Part 3Enforcement of consumer protection law
Chapter 4Direct enforcement powers of CMA
Miscellaneous and appeals
199Statement of policy in relation to monetary penalties
(1)
The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a monetary penalty under this Chapter.
(2)
The statement must include a statement about the considerations relevant to the determination of—
(a)
whether to impose a penalty under this Chapter, and
(b)
the nature and amount of any such penalty.
(3)
The CMA may revise its statement of policy and, where it does so, must publish the revised statement.
(4)
In preparing or revising its statement of policy the CMA must consult—
(a)
the Secretary of State, and
(b)
such other persons as the CMA considers appropriate.
(5)
A statement of policy, or revised statement, may not be published under this section without the approval of the Secretary of State.
(6)
Subsection (7) applies where the CMA proposes to impose under this Chapter a monetary penalty on a person.
(7)
The CMA must have regard to the statement of policy most recently published under this section at the time of the act or omission giving rise to the penalty in deciding—
(a)
whether to impose the penalty, and
(b)
if so, the nature and amount of the penalty.