(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 -