Part 4: CMA: Referrals and functions Chapter 2: General functions Section 67: Information-gathering powers
This section applies sections 41 to 43 of the United Kingdom Internal Market Act 2020 for the purpose of assisting the CMA in carrying out any of its functions (monitoring and reporting on subsidy control). It confers a power on the Secretary of State to make regulations to make such further modifications to section 41 to 43 as are considered necessary for these purposes, with the exception of modifying the amounts in Section 43(6).
	Section 41 to 43 of the United Kingdom Internal Market Act confer information-gathering powers on the CMA for the purposes mentioned in section 41(1) of that Act and deal with the enforcement of those powers. As provided in Section 41(2) and (3), the CMA will be able to give an information notice or require the production of a document by an individual, business or public authority. Section 42 establishes what action the CMA is able to take in response to non-compliance with the information requests described in the previous section.
	Under Section 43 of the United Kingdom Internal Market Act, subsections (4) and (5) set out the conditions where financial penalties may not be imposed because more than 4 weeks have expired since the CMA exercised its relevant functions. This section modifies subsection (4) to make provision as to when the CMA is to be treated as having exercised its functions. Section 42(6) requires the CMA to publish its policy approach in relation to subsequent action should it decide that a request for information has not been adequately fulfilled.
	If the CMA decides that a person has not fulfilled the request or has obstructed the production of documents, it is able to impose a financial penalty as described under Section 42(1) of the United Kingdom Internal Market Act. Section 43 sets out how the CMA will decide on appropriate financial penalties in cases of non-compliance with a notice. The CMA will be able to choose between a range of possible types of penalties and fix appropriate amounts having regard to their statement of policy on penalties and the facts of the case.
	Sections 43(2) to (4) of the United Kingdom Internal Market Act state that the penalty can be a single, fixed amount, a daily rate or both. In any of these cases, the Secretary of State must specify maximum amounts through secondary legislation not exceeding £30,000 for a fixed amount and £15,000 for the daily rate, as stated in subsection (6). Those amounts cannot be modified by regulations made under this section.