The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010

Waiver and modification

32.—(1) Subject to paragraph (3), paragraph (2) applies where—

(a) within 8 weeks of the service of the notice under regulation 30(1) the relevant person (“P”) demonstrates to the satisfaction of the regulator (or the regulator at any time becomes satisfied) that P exercised all due diligence and took all steps possible—

(i) to comply with the provision of these Regulations giving rise to the penalty; or

(ii) to rectify any failure in compliance as soon as it came to P’s notice, provided that P was acting reasonably in being unaware of the failure in compliance; and

(b) in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).

(2) The regulator may—

(a) waive a civil penalty;

(b) impose or substitute a lower civil penalty;

(c) allow P a period of no more than 31 days to rectify any failure in compliance before it imposes a civil penalty, subject to such conditions (if any) as it considers appropriate;

(d) extend the time for payment.

(3) Paragraph (2) does not apply where P is liable to a civil penalty under regulation 38 or where a civil penalty under that regulation has been imposed.

(4) In this regulation—

(a) “the relevant person” means the person who is liable to a civil penalty under regulations 33 to 41, or on whom a civil penalty has been imposed;

(b) “impose” means impose by virtue of a notice under regulation 30(1) or (2).