The Motor Fuel Price (Open Data) Regulations 2025
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Change 1
21 Financial penalties: procedural requirements
(1) Before imposing a financial penalty on a motor fuel trader, the CMA must give the motor fuel trader a notice of intent. (2) A notice of intent must— (a) contain a draft of the final penalty notice the CMA is minded to give to the motor fuel trader under paragraph (4), (b) invite the making of representations by the motor fuel trader to the CMA about the proposed final penalty notice, and (c) specify the means by which, and the time by which, such representations may be made. (3) The CMA must have regard to any representations received in response to a notice of intent and, as soon as practicable after the expiry of the time period for making such representations, must decide whether to impose a financial penalty under regulation 19 (financial penalties). (4) As soon as practicable after deciding to impose a financial penalty under regulation 19, the CMA must give the motor fuel trader a final notice. (5) A final notice must state— (a) that the CMA has imposed a financial penalty on the motor fuel trader concerned, (b) whether the financial penalty is of a fixed amount, of an amount calculated by reference to a daily rate or both, (c) the amount or amounts concerned and, in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate, (d) the act or omission in question which the CMA considers gave it the power to impose the financial penalty, (e) any other facts which the CMA considers justify the imposition of a financial penalty and the amount or amounts of the penalty, (f) the manner in which, and place at which, the financial penalty is required to be paid to the CMA, (g) the date or dates, no earlier than the end of the relevant period, by which the financial penalty or, as the case may be, different portions of it are required to be paid, (h) that the financial penalty or, as the case may be, different portions of it may be paid earlier than the date or dates by which it or they are required to be paid, and (i) that the motor fuel trader concerned has the right to apply under paragraph (6) or to appeal under regulation 27 (appeals in relation to penalties) and the main details of those rights. (6) The motor fuel trader against whom the financial penalty was imposed may, within 14 days of the date of service on the motor fuel trader of a notice under paragraph (4), apply to the CMA for it to specify a different date or, as the case may be, different dates by which the financial penalty or, as the case may be, different portions of it are to be paid. (7) A notice of intent is given by serving a copy of the notice on the motor fuel trader on whom the CMA is minded to impose the financial penalty. (8) A final penalty notice is given by— (a) serving a copy of the notice on the motor fuel trader on whom the financial penalty was imposed, and (b) publishing the notice. (9) In this regulation “relevant period” means the period of 28 days mentioned in regulation 27(3).
21 Financial penalties: procedural requirements
(1) Before imposing a financial penalty on a motor fuel trader, the CMA must give the motor fuel trader a notice of intent. (2) A notice of intent must— (a) contain a draft of the final penalty notice the CMA is minded to give to the motor fuel trader under paragraph (4), (b) invite the making of representations by the motor fuel trader to the CMA about the proposed final penalty notice, and (c) specify the means by which, and the time by which, such representations may be made. (3) The CMA must have regard to any representations received in response to a notice of intent and, as soon as practicable after the expiry of the time period for making such representations, must decide whether to impose a financial penalty under regulation 19 (financial penalties). (4) As soon as practicable after deciding to impose a financial penalty under regulation 19, the CMA must give the motor fuel trader a final notice. (5) A final notice must state— (a) that the CMA has imposed a financial penalty on the motor fuel trader concerned, (b) whether the financial penalty is of a fixed amount, of an amount calculated by reference to a daily rate or both, (c) the amount or amounts concerned and, in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate, (d) the act or omission in question which the CMA considers gave it the power to impose the financial penalty, (e) any other facts which the CMA considers justify the imposition of a financial penalty and the amount or amounts of the penalty, (f) the manner in which, and place at which, the financial penalty is required to be paid to the CMA, (g) the date or dates, no earlier than the end of the relevant period, by which the financial penalty or, as the case may be, different portions of it are required to be paid, (h) that the financial penalty or, as the case may be, different portions of it may be paid earlier than the date or dates by which it or they are required to be paid, and (i) that the motor fuel trader concerned has the right to apply under paragraph (6) or to appeal under regulation 27 (appeals in relation to penalties) and the main details of those rights. (6) The motor fuel trader against whom the financial penalty was imposed may, within 14 days of the date of service on the motor fuel trader of a notice under paragraph (4), apply to the CMA for it to specify a different date or, as the case may be, different dates by which the financial penalty or, as the case may be, different portions of it are to be paid. (7) A notice of intent is given by serving a copy of the notice on the motor fuel trader on whom the CMA is minded to impose the financial penalty. (8) A final penalty notice is given by— (a) serving a copy of the notice on the motor fuel trader on whom the financial penalty was imposed, and (b) publishing the notice. (9) In this regulation “relevant period” means the period of 28 days mentioned in regulation 27(3).
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