Consultation outcome

Setting the maximum level of penalties for non-compliance with Office for the Internal Market requests for information

• From: Department for Business, Energy & Industrial Strategy
• Published: 16 June 2021
• Last updated: 21 September 2021 — See all updates

This was published under the 2019 to 2022 Johnson Conservative government

This consultation has concluded

Read the full outcome

Setting the maximum level of penalties for non-compliance with Office for the Internal Market requests for information: government response

PDF, 183 KB, 12 pages

Detail of outcome

Following the consultation, legislation brought forward to set the maximum level of penalties is as follows:

• £30,000 for a fixed amount
• £15,000 for the daily rate.
• a combination of a fixed amount (£30,000) and a daily rate amount (£15,000).

A penalty for failure to comply with an information notice issued by the Office for the Internal Market (OIM) can be a fixed amount, a daily amount, or both.

A penalty for intentionally obstructing or delaying a person copying documents provided in accordance with an information notice (section 41(7) of the Act) may be issued as a fixed amount only.

The OIM commenced its operations on 21 September 2021. The OIM has published a separate statement of enforcement policy setting out its approach to the exercise of these powers, in addition to guidance on its role and how it will operate. The OIM will keep its approach to using its information gathering powers under review, in light of experience, once it has commenced its work.

Detail of feedback received

We received 7 written responses from several different stakeholder groups, including:

• academics and educational institutions
• Business Representative Organisations
• Competition and Markets Authority (CMA)
• Welsh Government

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Original consultation

Summary

We're seeking views on the maximum penalties the Office for the Internal Market can impose for non-compliance with a request for information, under the UK Internal Market Act 2020.

This consultation ran from
10:30am on 15 June 2021 to 11:45pm on 11 August 2021

Consultation description

The Office for the Internal Market (OIM) was established within the Competition and Markets Authority as part of the UK Internal Market (UKIM) Act 2020. The Act protects businesses, jobs, and livelihoods by ensuring there are no harmful new barriers to trade between all parts of the UK.

The OIM will be responsible for carrying out a set of independent advisory, monitoring, and reporting functions - providing technical advice to all 4 administrations and their legislatures - to support the development and effective operation of the UK internal market on an ongoing basis.

To support these functions the OIM will have the power to issue a written notice requiring a person to provide information or documents to assist in carrying out its reporting, monitoring and advisory functions and to impose penalties where such a notice is not complied with.

This consultation seeks views on the maximum levels at which such penalties should be set.

Please see these separate CMA consultations seeking views on:

• how the OIM will exercise and enforce its powers to gather information
• how the OIM will carry out its wider functions

We welcome views from businesses, public authorities, academics, consumer groups, trade unions, and anyone else with an interest.

See the BEIS consultation privacy notice.

Please do not send responses by post to the department at the moment as we may not be able to access them.

Documents

Office for the Internal Market: consultation on setting the maximum level of penalties for non-compliance with requests for information

HTML

Draft: UKIM Act Maximum Penalty regulations

PDF, 72.9 KB, 1 page

Published 16 June 2021
Last updated 21 September 2021 + show all updates

1. 21 September 2021

   Government response published.

2. 16 June 2021

   First published.