
1 
This Order may be cited as the Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004 and shall come into force on 1st May 2004.
2 

(1) The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 is amended as follows.
(2) In article 2(1), the definition of “length of the infringement” shall cease to have effect.
(3) For article 3, substitute the following—“
 The turnover of an undertaking for the purposes of section 36(8) is the applicable turnover for the business year preceding the date on which the decision of the OFT is taken or, if figures are not available for that business year, the one immediately preceding it.”.
(4) In the Schedule—
(a) in paragraph 1(1), the definition of “branch” shall cease to have effect;
(b) in paragraph 3, the words “to undertakings or consumers in the United Kingdom” shall cease to have effect;
(c) in paragraph 5—
(i) for the words “as defined” there is substituted “items listed”;
(ii) the words “the branch or division of” shall cease to have effect; and
(iii) the words “established in the United Kingdom” shall cease to have effect; and
(d) in paragraph 6, the words “from residents of the United Kingdom” shall cease to have effect.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
30th April 2004