Draft Statement of Policy on the enforcement by the OIM of its information-gathering powers

The CMA seeks views on a draft Statement of Policy in relation to the enforcement by the OIM of its information-gathering powers as set out in the United Kingdom Internal Market Act 2020 (the Act).

To fulfill its functions of reporting, monitoring and advising, the OIM may need to gather information from public authorities, businesses or individuals. The Act gives the OIM the powers to issue a notice requiring a person to provide information or documents and to impose penalties where an information notice is not complied with. The nature of the penalties that the OIM can apply is set out in section 43 of the Act.

Under the Act, the CMA is required to publish and consult on a Statement of Policy in relation to its approach to enforcing its information-gathering powers. The OIM must have regard to this Statement when reaching decisions about what action to take for failure to comply with an information notice.

Responses should be submitted by email no later than 23:59 on 22 July 2021 and should be sent to: ProjectOIMExternal@cma.gov.uk.

The CMA is also currently consulting on draft guidance on the operation of the CMA’s UK Internal Market functions, with responses requested by 23:59 on 22 July 2021 to the same email address.

Respondents are welcome to send a combined response to both CMA consultations, but are asked to indicate that they are doing so when they respond.

Any queries about either consultation should also be sent to the above email address.

The Department for Business, Energy & Industrial Strategy (BEIS) is separately consulting on the maximum penalty that the OIM can impose for non-compliance with the OIM’s information notices.