Single source statutory guidance on determining penalty amount
This consultation has concluded
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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received a high volume and quality of responses, providing us with constructive feedback that allowed us to improve the draft guidance.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.
Please contact us at email@example.com if you require any clarification, advice or further information.
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Feedback responses received.
This consultation ran from
Guidance to be used by the Secretary of State when determining the amount of penalty to issue for contraventions to the regulations.
MS Word Document, 122KB
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Our draft guidance proposes to exempt contractors from penalties for a defined period under ‘transitional arrangements’.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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