Part 4New technology
Chapter 1Low-carbon heat schemes
148Enforcement, penalties and offences
1
Scheme regulations may authorise the administrator of a low-carbon heat scheme—
a
to require the production of documents or the provision of information;
b
to question the officers of a company or other individuals;
c
to enter premises with a warrant;
d
to seize documents or records.
2
Scheme regulations may authorise the administrator of a low-carbon heat scheme, in circumstances specified in the regulations—
a
to treat activities of a person (A) as activities of a different person (B) for the purposes of the scheme, and
b
to treat a low-carbon heat target imposed on A as if it had been imposed on B.
3
Scheme regulations may provide that a person is liable to one or more penalties in respect of a failure to comply with a requirement imposed on the person by or under a low-carbon heat scheme.
4
Where by virtue of subsection (3) scheme regulations provide that a person is liable to a financial penalty, the regulations—
a
may specify the amount of the penalty or provide for the amount of the penalty to be determined in accordance with the regulations;
b
must provide for the penalty to be paid to the administrator or to such other person as the regulations may specify.
5
Scheme regulations may create offences for failure to comply with a requirement imposed by or under a low-carbon heat scheme.
6
Scheme regulations made by virtue of subsection (5) may provide for an offence created by the regulations to be triable—
a
only summarily, or
b
either summarily or on indictment.
7
Scheme regulations made by virtue of subsection (5) may provide for an offence created by the regulations to be punishable with a fine.