[110A Restriction on powers to impose penalties under section 110]
Enterprise Act 2002 (2002 c 40) | Legislation

[110A  Restriction on powers to impose penalties under section 110]

[(1)     No penalty shall be imposed by virtue of section 110(1) or (3) [110(1)(a) or (b)] if more than 4 [ten] weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(2)     In the following provisions of this section, “the section 109 power” means the power under section 109 to which the failure or (as the case may be) the obstruction or delay [the act or omission giving rise to the penalty] in question relates.

(3)     Where the section 109 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned

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