Setting the maximum level of penalties for non-compliance with Office for the Internal Market requests for information
Download the full outcome
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
Original consultation
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
Last updated 21 September 2021 + show all updates
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Government response published.
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First published.