Section 312(5)

In imposing a penalty under this section by reference to a daily rate— no account is to be taken of any days before the service on the undertaking concerned of the provisional penalty notice under section 112(A1) of EA 2002 (as applied by section 313), and unless the CMA determines an earlier day (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the undertaking first complies with the requirement in question.

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Source: legislation.gov.uk · retrieved 2026-07-30