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

[F1Penalty noticesU.K.

This section has no associated Explanatory Memorandum

14.—(1) Subject to regulation 15, where the [F2regulator] is satisfied that a person (“P”) is liable to a civil penalty under this Part the [F2regulator] 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 [F2regulator] is satisfied that P is liable to an additional daily penalty the [F2regulator] 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 [F2regulator] by the date specified in the notice.

(5) Any such civil penalty is recoverable by the [F2regulator] as a civil debt.

[F3(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