Single source statutory guidance on determining penalty amount

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Our draft guidance proposes to exempt contractors from penalties for a defined period under ‘transitional arrangements’.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

Feedback

Please email feedback to: penalties@singlesourceregulationsoffice.gov.uk