33Amount of penaltyU.K.
(1)Where the Secretary of State gives a person a penalty notice in relation to a contravention of section 31, the amount of the penalty must not exceed the amount for the time being specified in relation to the contravention in single source contract regulations.
(2)Subsection (1) does not apply where the Secretary of State gives a person a penalty notice in relation to a contravention within section 31(3)(b) or (c); and in such a case the amount of the penalty is to be calculated as if the contravention were a breach of contract (and is to be calculated in accordance with the general law of contract having effect in England and Wales).
(3)In determining the amount of a penalty under section 32, the Secretary of State must have regard to guidance issued by the SSRO.
(4)The SSRO must publish guidance issued under subsection (3) in such manner as it thinks appropriate.
(5)Subsections (1) to (3) apply in relation to any determination by the SSRO by virtue of section 32(8)(b) as to the amount of a penalty as they apply to the Secretary of State.
(6)The provision that may be made under subsection (1) by virtue of section 42(2) includes power to specify penalties of different amounts according to the value of the contract to which the contravention relates.
Commencement Information
I1S. 33 in force at 14.7.2014 for specified purposes by S.I. 2014/1751, art. 4(q)
I2S. 33 in force at 5.12.2014 in so far as not already in force by S.I. 2014/3162, art. 3(c)