The Digital Markets, Competition and Consumers Act 2024 and Consumer Rights Act 2015 (Turnover and Control) Regulations 2024
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7 Determination of turnover and daily turnover for the purposes of paragraph 16H of Schedule 5 to the 2015 Act (meaning of turnover for purposes of paragraphs 16A and 16C: investigatory powers in relation to the production of information)
(1) This regulation applies for the purposes of determining the turnover and daily turnover of a person for the purposes of paragraph 16H(1) of Schedule 5 to the 2015 Act (meaning of turnover for purposes of paragraphs 16A and 16C: investigatory powers in relation to the production of information). (2) Subject to paragraphs (3) to (6), the turnover of a person is its turnover in— (a) the last accounting period to end before the relevant date (its “relevant accounting period”), or (b) if the person has no accounting period that ends before the relevant date, the period beginning with the day on which the activities of the person began to be carried on and ending with the last day of the month preceding the month in which the relevant date falls. (3) If the court or, as the case may be, the CMA estimates on the relevant date that the turnover of the person in the accounting period immediately preceding its relevant accounting period (the “preceding accounting period”) was higher than the turnover of the person in its relevant accounting period, the turnover is its turnover in the preceding accounting period. (4) If the figures necessary to calculate turnover of the person in its relevant accounting period are not available to the court or, as the case may be, the CMA on the relevant date, the turnover is (subject to paragraph (5)) its turnover in— (a) the preceding accounting period, or (b) if the person has no preceding accounting period, the period beginning with the day on which the activities of the person began to be carried on and ending with the day immediately preceding the date on which its relevant accounting period began. (5) If the figures necessary to calculate the turnover of the person under paragraph (4)(a) or (b) are not available to the court or, as the case may be, the CMA on the relevant date, the turnover of the person is its turnover in the period beginning with the day after the last day of its relevant accounting period and ending with the last day of the month preceding the month in which the relevant date falls. (6) Where the period by reference to which turnover is calculated does not equal 12 months, the turnover of the person is the turnover in that period divided by the number of days in that period and multiplied by 365 or, if the period includes 29th February, 366. (7) The daily turnover of the person is the turnover divided by 365 or, if the period by reference to which turnover is calculated includes 29th February, 366. (8) For the purposes of this regulation— (a) an “accounting period” of a person is a period of more than six months in respect of which accounts are prepared or required to be prepared in relation to the person; (b) the “relevant date” means— (i) in the case of a monetary penalty imposed under paragraph 16A(3) of Schedule 5 to the 2015 Act (non-compliance with notice under paragraph 14: power of court to impose monetary penalties), the date on which the enforcer or, as the case may be, an officer of the enforcer applies to the court under paragraph 16A(2) of that Schedule; (ii) in the case of a monetary penalty imposed under paragraph 16C(2)(a) of Schedule 5 to the 2015 Act (non-compliance with notice under paragraph 14: power of CMA to give final enforcement notice), the date on which the CMA gave to the respondent a provisional enforcement notice under paragraph 16B(2) of that Schedule (non-compliance with notice under paragraph 14: power of CMA to give provisional enforcement notice); (c) the provisions of Schedule 3 apply in the determination of turnover.
7 Determination of turnover and daily turnover for the purposes of paragraph 16H of Schedule 5 to the 2015 Act (meaning of turnover for purposes of paragraphs 16A and 16C: investigatory powers in relation to the production of information)
(1) This regulation applies for the purposes of determining the turnover and daily turnover of a person for the purposes of paragraph 16H(1) of Schedule 5 to the 2015 Act (meaning of turnover for purposes of paragraphs 16A and 16C: investigatory powers in relation to the production of information). (2) Subject to paragraphs (3) to (6), the turnover of a person is its turnover in— (a) the last accounting period to end before the relevant date (its “relevant accounting period”), or (b) if the person has no accounting period that ends before the relevant date, the period beginning with the day on which the activities of the person began to be carried on and ending with the last day of the month preceding the month in which the relevant date falls. (3) If the court or, as the case may be, the CMA estimates on the relevant date that the turnover of the person in the accounting period immediately preceding its relevant accounting period (the “preceding accounting period”) was higher than the turnover of the person in its relevant accounting period, the turnover is its turnover in the preceding accounting period. (4) If the figures necessary to calculate turnover of the person in its relevant accounting period are not available to the court or, as the case may be, the CMA on the relevant date, the turnover is (subject to paragraph (5)) its turnover in— (a) the preceding accounting period, or (b) if the person has no preceding accounting period, the period beginning with the day on which the activities of the person began to be carried on and ending with the day immediately preceding the date on which its relevant accounting period began. (5) If the figures necessary to calculate the turnover of the person under paragraph (4)(a) or (b) are not available to the court or, as the case may be, the CMA on the relevant date, the turnover of the person is its turnover in the period beginning with the day after the last day of its relevant accounting period and ending with the last day of the month preceding the month in which the relevant date falls. (6) Where the period by reference to which turnover is calculated does not equal 12 months, the turnover of the person is the turnover in that period divided by the number of days in that period and multiplied by 365 or, if the period includes 29th February, 366. (7) The daily turnover of the person is the turnover divided by 365 or, if the period by reference to which turnover is calculated includes 29th February, 366. (8) For the purposes of this regulation— (a) an “accounting period” of a person is a period of more than six months in respect of which accounts are prepared or required to be prepared in relation to the person; (b) the “relevant date” means— (i) in the case of a monetary penalty imposed under paragraph 16A(3) of Schedule 5 to the 2015 Act (non-compliance with notice under paragraph 14: power of court to impose monetary penalties), the date on which the enforcer or, as the case may be, an officer of the enforcer applies to the court under paragraph 16A(2) of that Schedule; (ii) in the case of a monetary penalty imposed under paragraph 16C(2)(a) of Schedule 5 to the 2015 Act (non-compliance with notice under paragraph 14: power of CMA to give final enforcement notice), the date on which the CMA gave to the respondent a provisional enforcement notice under paragraph 16B(2) of that Schedule (non-compliance with notice under paragraph 14: power of CMA to give provisional enforcement notice); (c) the provisions of Schedule 3 apply in the determination of turnover.
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