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Fines

Volume 488: debated on Tuesday 24 February 2009

To ask the Minister of State, Department for Business, Enterprise and Regulatory Reform what administrative financial penalties may be levied by his Department and its agencies. (253604)

The National Minimum Wage Act 1998 provides for penalties to be levied on an employer for non-compliance with an enforcement notice which requires them to pay the NMW and repay arrears to workers who have been underpaid the NMW. The enforcement is carried out by HM Revenue and Customs and by DEFRA in relation to the agricultural minimum wage. The Employment Act 2008 includes provisions to strengthen the enforcement regime of the NMW. These provisions, which will come into force on 6 April 2009, will replace the current enforcement and penalty notices with a single notice of underpayment imposing automatic penalties of between £100 and up to £5,000 for employers for non-compliance with the requirement to pay workers the NMW.

I have approached the chief executives of the Insolvency Service and Companies House agencies and they will respond to you directly.

Letter from Gareth Jones, dated 23 February 2009:

I am responding on behalf of Companies House to your recently tabled Parliamentary Question, reference 253604, to the Minister of State for Business Enterprise and Regulatory Reform.

Since 1992 Companies House has levied penalties on companies registered that file their accounts late.

From 1 October 2009, the Companies Act 2006 introduces a new penalty of £200 where a company amends its articles of association and fails to send a copy of the amended articles to Companies House within 15 days. The penalty will only be triggered if a company receives notice from the Registrar requiring it to deliver a copy of its amended articles and it does not comply within 28 days.

Letter from Stephen Speed, dated 23 February 2009:

I refer to your question (2008/858), to ask the Minister of State, Department for Business, Enterprise and Regulatory Reform what administrative financial penalties may be levied by his Department and its agencies.

I have been asked to reply for The Insolvency Service, which is an executive agency of that department.

I can confirm that we levy no such penalties.