The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Penalty charge notices E+W

40.—(1) An authorised officer of an enforcement authority may, if he believes that a person has committed a breach of any duty under regulation 5(2), 5(5), [F1 5A(2), 5A(3), 5A(4),] 6(2), 9(2), 10, 16(2), 21(1), 23, 24 or 39(4) give a penalty charge notice to that person.

(2) A penalty charge notice may not be given after the end of the period of six months beginning with the day (or in the case of a continuing breach the last day) on which the breach of duty was committed.

(3) A penalty charge notice must—

(a) state the officer’s belief that the person has committed a breach of duty;

(b) give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;

(c) require that person, within a period specified in the notice—

(i) to pay a penalty charge specified in the notice; or

(ii) to give notice to the enforcement authority that he wishes the authority to review the notice;

(d) state the effect of regulation 46;

(e) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and

(f) specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).

(4) The period specified under regulation 40(3)(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.

(5) The enforcement authority may extend the period for complying in any particular case if they consider it appropriate to do so.

(6) The enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.

(7) The enforcement authority must withdraw a penalty charge notice where the recipient can demonstrate that—

(a) he took all reasonable steps and exercised all due diligence to avoid breaching the duty; or

(b) regulation F2 ... 42 applies.

Textual Amendments

F1 Words in reg. 40(1) inserted (21.5.2010) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (S.I. 2010/1456), regs. 1(3), 2(9)(a)

F2 Words in reg. 40(7)(b) omitted (21.5.2010) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (S.I. 2010/1456), regs. 1(3), 2(9)(b)

Commencement Information

I1 Reg. 40 in force at 1.6.2007, see reg. 1(4)Sch. 1