SCHEDULES

SCHEDULE 5Emissions limit duty: monitoring and enforcement

Enforcement notices

2

1

Enforcement regulations may authorise an enforcing authority to serve an enforcement notice on an operator who has breached the emissions limit duty in respect of any fossil fuel plant—

a

in relation to the year in which the notice is served, or

b

in relation to the preceding year.

2

The regulations may specify the requirements that may be imposed on an operator under an enforcement notice.

3

Those requirements may in particular include requirements—

a

to take such remedial action in respect of the breach as is specified in the notice,

b

to provide such undertakings in respect of the breach as may be agreed between the operator and the enforcing authority (whether for the taking of remedial action or otherwise), or

c

to comply with a modified emissions limit duty in relation to the fossil fuel plant for any year to take account of excess emissions in earlier years.