15.—(1) Subject to paragraph (2), if the Commission proposes to give a direction under section 67 of the Act, it shall give each person to whom it proposes to give the direction a reasonable opportunity to inspect the documents in the Commission’s file relating to the proposed direction.
(2) The Commission may withhold any document —
(a)
to the extent that it contains confidential information; or
(b)
which is an internal document.
(3) When giving a person an opportunity to make representations under section 67(2)(b) of the Act, the Commission shall specify the period within which that person may make such representations.
(4) Where the Commission gives a direction to a person under section 67 of the Act, it shall at the same time inform that person in writing of the facts on which it bases the direction and its reasons for giving the direction, and it shall publish the direction.
Directions under section 69 of Act
16. Where the Commission gives a direction to a person under section 69 of the Act (including the payment of any financial penalty), it shall at the same time inform that person in writing of the facts on which it bases the direction and its reasons for giving the direction, and it shall publish the direction.
Determination of turnover for calculation of penalties
17.—(1) The turnover of an undertaking for the purposes of section 69(4) of the Act is the applicable turnover for the business year preceding the date on which the decision of the Commission is taken or, if figures are not available for that business year, the one immediately preceding it.
(2) Where in the application of paragraph (1), there is any period in respect of which there is no preceding business year, then the applicable turnover shall be the turnover for that period.
(3) In this regulation —
“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Second Schedule, and where a business year does not equal 12 months, the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to that period;
“business year” means a period of more than 6 months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts.