Consultation outcome

Single source statutory guidance on determining penalty amount

This consultation has concluded

Download the full outcome

Detail of outcome

The SSRO received a high volume and quality of responses, providing us with constructive feedback that allowed us to improve the draft guidance. The final version of the guidance, incorporating changes made following the consultation, is attached to this page.

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Feedback received

Penalties consolidated consultation responses

Detail of feedback received

Feedback responses received.

Original consultation


Guidance to be used by the Secretary of State when determining the amount of penalty to issue for contraventions to the regulations.

This consultation ran from

Consultation description

Section 33(3) and (4) of the Defence Reform Act provides for the SSRO to issue guidance on determining the amount of a penalty, stating that:

  • in determining the amount of a penalty, the Secretary of State must have regard to guidance issued by the SSRO
  • the SSRO must publish guidance issued under subsection (3) [determining the amount of penalty] in such a manner as it thinks appropriate

The overarching principle of this guidance is to ensure that any penalties issued are fair and proportionate, while acting to deter non-compliance.

Our draft guidance proposes to exempt contractors from penalties for a defined period under ‘transitional arrangements’.

Once published, it will be a legal requirement for contractors and the MOD to have regard to this guidance.


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Published 20 February 2015
Last updated 26 March 2015 + show all updates
  1. Added feedback responses and outcome.
  2. First published.