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Part 6Civil penalties

Provision of false or misleading information: participants in the Trading Schemes

105.—(1) The administrator may impose the penalties in paragraph (2) where a participant in the Trading Schemes provides false or misleading information under an obligation on a participant in article 73 (provision of information to administrator).

(2) The penalties are—

(a)where the false or misleading information is the information or evidence specified in article 98(1), or where the false or misleading information consists of a failure to ensure that the administrator is aware of every car, van and SPV of which the participant in the Trading Schemes is the manufacturer and which is registered during a scheme year, the financial penalty of—

(i)£7,500;

(ii)£15,000 for each car to which the false or misleading information relates;

(iii)£15,000 for each ZE SPV of category M1 to which the false or misleading information relates;

(iv)£18,000 for each van to which the false or misleading information relates; and

(v)£18,000 for each ZE SPV which is of category N1, or which is of category N2 and which falls within the description in paragraph (c) of the definition in “van” in article 3(1), to which the false or misleading information relates;

(b)where the false or misleading information is information other than that described in sub-paragraph (a), the financial penalty of £750;

(c)publication; and

(d)a block.

(3) The administrator may impose the penalties in paragraph (4) where a participant in the Trading Schemes provides false or misleading information in a notification under article 78 (error notification).

(4) The penalties are—

(a)where the false or misleading information is that specified in paragraph 1(g), (i), (l) or (r) of Schedule 7 (specific emissions of CO2, fuel type and fuel mode, eco-innovations and electric range), the financial penalty of—

(i)£7,500;

(ii)£15,000 for each car to which the false or misleading information relates; and

(iii)£15,000 for each ZE SPV of category M1 to which the false or misleading information relates;

(b)where the false or misleading information is that specified in paragraph 6(g), (k), (n) or (r), or paragraph 12(c) or 13(c) of Schedule 7 (specific emissions of CO2, fuel type and fuel mode, eco-innovations and electric range), the financial penalty of—

(i)£7,500;

(ii)£18,000 for each van to which the false or misleading information relates; and

(iii)£18,000 for each ZE SPV which is of category N1, or which is of category N2 and which falls within the description in paragraph (c) of the definition in “van” in article 3(1), to which the false or misleading information relates;

(c)where the false or misleading information is information other than that referred to in sub-paragraph (a) or (b), the financial penalty of £750;

(d)publication; and

(e)a block.

(5) The administrator may impose the penalties in paragraph (6) where a participant in the Trading Schemes provides false or misleading information in response to a notice given by the administrator under article 81 (power of administrator to require information for purposes of Trading Schemes).

(6) The penalties are—

(a)the financial penalty of £7,500; and

(b)publication.

(7) The administrator may impose the penalties in paragraph (8) where a participant in the Trading Schemes provides false or misleading information in response to a notice given by the administrator or an authorised person under article 86 (power to require information where suspected failure to comply with this Order).

(8) The penalties are—

(a)the financial penalty of £750,000 or, if lower, 0.5% of the turnover of the participant in the Trading Schemes for its financial year ending during the scheme year to which the false or misleading information relates;

(b)publication; and

(c)a block.

(9) The administrator may impose the penalties in paragraph (10) where a participant in the Trading Schemes provides false or misleading information in an application made under—

(a)Part 3 of Schedule 4 (application to be a low-volume CRTS or VRTS participant); or

(b)Schedule 5 (application to be pool participant in the Trading Schemes).

(10) The penalties are—

(a)the financial penalty of £75,000; and

(b)publication.