Part 2Sustainability and Renewable Energy Sources
Chapter 5Renewable transport fuel obligations
I1129Imposition of civil penalties
1
An RTF order may—
a
designate a provision made by or under this Chapter for the purposes of this section; and
b
provide that a person is to be liable to a civil penalty if—
i
he contravenes that provision; and
ii
any other specified conditions are satisfied.
2
Where the Administrator is satisfied that a person (the “defaulter”) is so liable, he may give a notice to the defaulter in the specified manner (a “civil penalty notice”) imposing on the defaulter a penalty of such amount as the Administrator considers appropriate.
3
That penalty must not exceed the lesser of—
a
the specified amount; and
b
the amount equal to ten per cent of the turnover, as determined in the specified manner, of the specified business of the defaulter.
4
The civil penalty notice must—
a
set out the Administrator’s reasons for deciding that the defaulter is liable to a penalty;
b
state the amount of the penalty that is being imposed;
c
set out a date before which the penalty must be paid to the Administrator;
d
describe how payment may be made;
e
explain the steps that the defaulter may take if he objects to the penalty; and
f
set out and explain the powers of the Administrator to enforce the penalty.
5
The date for the payment of the penalty must not be less than 14 days after the giving of the civil penalty notice.
6
A penalty imposed by virtue of this section must be paid to the Administrator—
a
by the date set out in the civil penalty notice by which it is imposed; and
b
in a manner described in that notice.
F17
Sums received by the Administrator by virtue of this section—
a
where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and
b
otherwise, must be paid to the Secretary of State, who must pay them into the Consolidated Fund.