Strategic Consultation on Works on Scottish Roads - April 2013

Annex F - Penalties Which Can Be Imposed By Other Regulatory Monitoring Bodies

Bodies

Penalties

OFCOM

Communications Act 2003 -section 97(1) - "The amount of a penalty imposed under section 96 is to be such amount not exceeding ten per cent. of the turnover of the notified provider's relevant business for the relevant period as OFCOM determine …."

OFGEM

Electricity Act 1989 - section 27A(8) - "No penalty imposed by the Authority under this section may exceed 10 per cent of the turnover of the licence holder."

Office of Rail Regulation

Railways Act 1993 - section 57A(3) - The amount of a penalty imposed on a relevant operator may not exceed 10 per cent of his turnover…"

Water Industry Commission for Scotland

Water Services etc (Scotland) Act 2005 - section 11(1) - "…the Commission may impose on the provider a financial penalty of such amount as it considers reasonable in the circumstances of the case."

Information Commissioner

Data Protection Act 1998 - section 55A(5) - "The amount determined by the Commissioner must not exceed the prescribed amount."; and

The Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2012 - regulation 2 - "The prescribed amount for the purpose of section 55A(5) is £500,000."

It is also worth noting that under the ScotRail franchise the operator receives bonuses for above benchmark performance and penalties for areas that fall below benchmark. Penalties for the 12 months to 27 June 2009 totalled £938,959.