141. (1) The Commission, in considering—

(a) whether to make a decision to impose an administrative fine, and

(b) where applicable, the amount of such a fine,

shall act in accordance with this section and Article 83.

(2) Where a controller to whom section 111(2)(b), 112(2)(b) or 133(9) applies is a controller by virtue of his or her being the subject of a designation under subsection (1) or (2) of section 3, a decision by the Commission to impose an administrative fine in respect of the infringement or failure concerned shall be a decision to impose an administrative fine on the appropriate authority that, or, as the case may be, the Minister who, made the designation, and not on the controller.

(3) Where subsection (2) applies, a reference in sections 115(1)(a), 133(9)(b) and this Chapter to a controller shall be construed as a reference to the appropriate authority or Minister concerned.

(4) Where the Commission decides to impose an administrative fine on a controller or processor that—

(a) is a public authority or a public body, but

(b) is not a public authority or a public body that acts as an undertaking within the meaning of the Competition Act 2002,

the amount of the administrative fine concerned shall not exceed €1,000,000.

(5) The Commission, as soon as practicable after—

(a) a decision to impose an administrative fine is confirmed under section 142(3)(a) or 143(2), or

(b) the court decides, under section 142(3)(b), to impose a different fine,

shall give the controller or processor concerned a notice in writing, requiring the controller or processor to pay the amount of the fine concerned to the Commission within the period of 28 days commencing on the date of the notice.

(6) A controller or processor shall comply with a requirement referred to in subsection (5).

(7) All payments received by the Commission under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(8) In this section and section 142, a reference to a decision to impose an administrative fine shall be construed as a reference to a decision by the Commission, under section 111, 112, 113 or 133 (9), to impose such a fine.