The Enterprise Act 2002 (Mergers and Market Investigations) (Determination of Control and Turnover for Penalties) Regulations 2024
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3 Determination of turnover and daily turnover
(1) This regulation applies for the purposes of determining the turnover and daily turnover of an enterprise for the purposes of the following sections of the Act— (a) section 94AB(4) (amount of penalties under section 94AA: enforcement of undertakings and orders); (b) section 111(4A) (amount of penalties under section 110: enforcement of powers under section 109); (c) section 167B(4) (amount of penalties under section 167A: enforcement of undertakings and orders: imposition of penalties); (d) section 174D(4A) (amount of penalties under section 174A: enforcement of powers under section 174: attendance of witnesses and production of documents etc.). (2) Subject to paragraphs (3) to (6), the turnover of an enterprise is its turnover in— (a) the last accounting period to end before the relevant date (its “relevant accounting period”), or (b) if the enterprise has no accounting period that ends before the relevant date, the period beginning with the day on which the enterprise 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 relevant authority estimates on the relevant date that the turnover of the enterprise in the accounting period immediately preceding its relevant accounting period (the “preceding accounting period”) was higher than the turnover of the enterprise 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 enterprise in its relevant accounting period are not available to the relevant authority on the relevant date, the turnover is (subject to paragraph (5)) its turnover in— (a) the preceding accounting period, or (b) if the enterprise has no preceding accounting period, the period beginning with the day on which the enterprise 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 enterprise under paragraph (4)(a) or (b) are not available to the relevant authority on the relevant date, the turnover of the enterprise 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 enterprise 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 enterprise 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 an enterprise is a period of more than six months in respect of which accounts are prepared or required to be prepared in relation to the enterprise; (b) the “relevant date” means the date on which the provisional penalty notice is issued; (c) the provisions of the Schedule apply in the determination of turnover.
3 Determination of turnover and daily turnover
(1) This regulation applies for the purposes of determining the turnover and daily turnover of an enterprise for the purposes of the following sections of the Act— (a) section 94AB(4) (amount of penalties under section 94AA: enforcement of undertakings and orders); (b) section 111(4A) (amount of penalties under section 110: enforcement of powers under section 109); (c) section 167B(4) (amount of penalties under section 167A: enforcement of undertakings and orders: imposition of penalties); (d) section 174D(4A) (amount of penalties under section 174A: enforcement of powers under section 174: attendance of witnesses and production of documents etc.). (2) Subject to paragraphs (3) to (6), the turnover of an enterprise is its turnover in— (a) the last accounting period to end before the relevant date (its “relevant accounting period”), or (b) if the enterprise has no accounting period that ends before the relevant date, the period beginning with the day on which the enterprise 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 relevant authority estimates on the relevant date that the turnover of the enterprise in the accounting period immediately preceding its relevant accounting period (the “preceding accounting period”) was higher than the turnover of the enterprise 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 enterprise in its relevant accounting period are not available to the relevant authority on the relevant date, the turnover is (subject to paragraph (5)) its turnover in— (a) the preceding accounting period, or (b) if the enterprise has no preceding accounting period, the period beginning with the day on which the enterprise 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 enterprise under paragraph (4)(a) or (b) are not available to the relevant authority on the relevant date, the turnover of the enterprise 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 enterprise 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 enterprise 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 an enterprise is a period of more than six months in respect of which accounts are prepared or required to be prepared in relation to the enterprise; (b) the “relevant date” means the date on which the provisional penalty notice is issued; (c) the provisions of the Schedule apply in the determination of turnover.
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