The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005

[F1 Penalty notices U.K.

14.— (1) Subject to regulation 15, where the [F2 regulator] is satisfied that a person (“P”) is liable to a civil penalty under this Part the [F2 regulator] must, serve a notice on P (a “penalty notice”).

(2) The penalty notice must specify—

(a) the regulation under which that liability arises;

(b) the amount of the civil penalty due;

(c) whether or not P may be liable to a civil penalty in accordance with regulation 16(2)(b) (an “additional daily penalty”); and

(d) if P will not be liable to an additional daily penalty, the date by which the penalty for which P is liable must be paid.

(3) Subject to regulation 15, where the [F2 regulator] is satisfied that P is liable to an additional daily penalty the [F2 regulator] must, when the amount of that additional daily penalty can be determined, serve a notice on P (an “additional penalty notice”) specifying—

(a) the total amount of the civil penalties due; and

(b) the date by which that amount must be paid.

(4) A civil penalty imposed by a penalty notice or an additional penalty notice must be paid to the [F2 regulator] by the date specified in the notice.

(5) Any such civil penalty is recoverable by the [F2 regulator] as a civil debt.

[F3 (6) If the regulator is the Environment Agency it must, as soon as reasonably practicable—

(a) notify the Secretary of State if it serves a penalty notice under this regulation; and

(b) pass to the Secretary of State any civil penalty that has been paid to it pursuant to such notice.]]

Textual Amendments

F1 Pt. 6 inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 12

F2 Word in reg. 14 substituted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(6) (with reg. 3)

F3 Reg. 14(6) inserted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(7) (with reg. 3)