The United Kingdom Internal Market Act 2020 (Maximum Penalty) Regulations 2021

Statutory Instruments

2021 No. 1056

Exiting The European Union

The United Kingdom Internal Market Act 2020 (Maximum Penalty) Regulations 2021

Made

10th September 2021

Laid before Parliament

17th September 2021

Coming into force

12th October 2021

The Secretary of State has consulted with the persons listed in section 43(8) of the United Kingdom Internal Market Act 2020(1).

Accordingly, the Secretary of State, in exercise of the powers conferred by section 43(4) and (5) of that Act, makes the following Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the United Kingdom Internal Market Act 2020 (Maximum Penalty) Regulations 2021 and come into force on 12th October 2021.

(2) In these Regulations, references to sections are references to sections of the United Kingdom Internal Market Act 2020.

Maximum penalties

2.  The maximum penalties for the purposes of section 43(4) are—

(a) in the case of a fixed amount, £30,000;

(b) in the case of an amount calculated by reference to a daily rate, an amount per day of £15,000;

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, a fixed amount of £30,000 and an amount per day of £15,000.

3.  The maximum penalty for the purpose of section 43(5) is a fixed amount of £30,000.

Paul Scully

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

10th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the power of the Competition and Markets Authority to impose penalties under section 42 of the United Kingdom Internal Market Act 2020 (c. 27) (“the Act”) by setting the maximum penalties that may be imposed, using the powers in section 43(4) and (5) of the Act.

Regulation 2 prescribes the maximum penalty amounts that may be imposed in relation to a breach of section 42(1) of the Act. In the case of a fixed amount, the maximum penalty is £30,000. In the case of an amount calculated by reference to a daily rate, the maximum amount per day is £15,000. In the case of a fixed amount and an amount calculated by reference to a daily rate, the maximum fixed amount is £30,000 and the maximum amount per day is £15,000.

Regulation 3 prescribes £30,000 as the maximum penalty that may be imposed in relation to a breach of section 42(2) of the Act.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2020 c. 27.