The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005

[F1 PART 6 U.K. Civil penalties

Textual Amendments

F1 Pt. 6 inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 12

[F2 Interpretation: Part 6 U.K.

13A.   In this Part, “the regulator” means—

(a) the Secretary of State; or

(b) in the case of an application made under regulation 5 that has not been referred to the Secretary of State under regulation 8A(2), the Environment Agency.]

Textual Amendments

F2 Reg. 13A inserted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(5) (with reg. 3)

Penalty notices U.K.

14.— (1) Subject to regulation 15, where the [F3 regulator] is satisfied that a person (“P”) is liable to a civil penalty under this Part the [F3 regulator] must, serve a notice on P (a “penalty notice”).

(2) The penalty notice must specify—

(a) the regulation under which that liability arises;

(b) the amount of the civil penalty due;

(c) whether or not P may be liable to a civil penalty in accordance with regulation 16(2)(b) (an “additional daily penalty”); and

(d) if P will not be liable to an additional daily penalty, the date by which the penalty for which P is liable must be paid.

(3) Subject to regulation 15, where the [F3 regulator] is satisfied that P is liable to an additional daily penalty the [F3 regulator] must, when the amount of that additional daily penalty can be determined, serve a notice on P (an “additional penalty notice”) specifying—

(a) the total amount of the civil penalties due; and

(b) the date by which that amount must be paid.

(4) A civil penalty imposed by a penalty notice or an additional penalty notice must be paid to the [F3 regulator] by the date specified in the notice.

(5) Any such civil penalty is recoverable by the [F3 regulator] as a civil debt.

[F4 (6) If the regulator is the Environment Agency it must, as soon as reasonably practicable—

(a) notify the Secretary of State if it serves a penalty notice under this regulation; and

(b) pass to the Secretary of State any civil penalty that has been paid to it pursuant to such notice.]

Textual Amendments

F3 Word in reg. 14 substituted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(6) (with reg. 3)

F4 Reg. 14(6) inserted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(7) (with reg. 3)

Discretion in imposing civil penalties U.K.

15.   Where the [F5 regulator] considers it appropriate to do so, the [F5 regulator] may—

(a) refrain from imposing a civil penalty under this Part;

(b) reduce the amount of a penalty (including the amount of an additional daily penalty);

(c) extend the time for payment specified in the penalty notice or additional penalty notice;

(d) withdraw a penalty notice or an additional penalty notice; or

(e) modify the notice by substituting a lower penalty.

Textual Amendments

F5 Word in reg. 15 substituted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(6) (with reg. 3)

Failure to comply with a notice under regulation 10(1) U.K.

16.— (1) A person (“P”) is liable to the civil penalties in paragraph (2) where P fails to comply (or to comply on time) with the requirements of a notice served under regulation 10(1) (an “information notice”).

(2) The civil penalties are—

(a) £1,500; and

(b) £150 for each day that P fails to comply with the requirements of the information notice, following service of a penalty notice, up to a maximum of £13,500.

Providing false or misleading information U.K.

17.— (1) Where paragraph (2) applies, a person is liable to the civil penalty in paragraph (3) where that person provides false or misleading information, or makes a statement which is false or misleading in a material particular.

[F6 (2) This paragraph applies where the statement is made or the information is provided to the regulator in writing—

(a) in connection with an application made under regulation 5; or

(b) for the purpose of preparing a national inventory, whether or not the statement is made (or the information provided) in purported compliance with a requirement imposed by a notice under regulation 10(1).]

(3) The civil penalty is £1,000.

Textual Amendments

F6 Reg. 17(2) substituted (1.2.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations2014 (S.I. 2014/3075), regs. 1(1), 2(8) (with reg. 3)

Appeals U.K.

18.— (1) A person on whom a penalty notice or additional penalty notice has been served under this Part may appeal to the First-tier tribunal.

(2) The bringing of the appeal suspends the effect of the notice pending the final determination or withdrawal of the appeal.

(3) In determining the appeal the First-tier tribunal may—

(a) affirm or quash the notice; or

(b) reduce the amount of the penalty imposed by the notice (including the amount of any additional daily penalty).]