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The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010
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- UK Statutory Instruments
- 2010 No. 1996
- PART 8
- Regulation 30
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Changes and effects yet to be applied to Regulation 30:
- Regulations revoked by S.I. 2012/3038 reg. 85(d)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 4 para. 1(1) Sch. 4 para. 1 renumbered as Sch. 4 para. 1(1) by S.I. 2011/765 reg. 4(6)(b)
- Sch. 4 para. 1(2) inserted by S.I. 2011/765 reg. 4(6)(b)
- reg. 2A 2B inserted by S.I. 2011/765 reg. 3(2)
- reg. 36(6) applied (with modifications) by SI 2012/3038 reg. 87(1A) (as amended) by S.I. 2013/755 Sch. 4 para. 425
- reg. 52(5A) inserted by S.I. 2011/765 reg. 4(2)(a)
- reg. 53(2A) inserted by S.I. 2011/765 reg. 4(3)(b)
- reg. 53(5) inserted by S.I. 2011/765 reg. 4(3)(d)
- reg. 55(1) reg. 55 renumbered as reg. 55(1) by S.I. 2011/765 reg. 4(4)
- reg. 55(2) inserted by S.I. 2011/765 reg. 4(4)
- reg. 60(5A) inserted by S.I. 2011/765 reg. 4(5)(b)
ProcedureU.K.
This section has no associated Explanatory Memorandum
30.—(1) Where the regulator is satisfied that a person is liable to a civil penalty under regulations 33 to 41 the regulator must—
(a)serve a notice on the person liable to the civil penalty; and
(b)state in that notice whether or not the person is liable to a daily penalty in accordance with regulation 33(2), 34(2), 35(2), 37(2) or 39(2) (“additional daily penalty”).
(2) Where the regulator is satisfied that a person is liable to an additional daily penalty the regulator must, when the amount of the additional daily penalty can be determined, serve a notice on the person liable to the penalty specifying the total amount due under this Part.
(3) Where a civil penalty does not include an additional daily penalty the notice under paragraph (1) must specify the total amount due; and that penalty is due one month after notice is served under that paragraph.
(4) Where a civil penalty includes an additional daily penalty that penalty is due on the date one month after notice is served under paragraph (2).
(5) A civil penalty must be paid to the regulator.
(6) Any civil penalty imposed by virtue of a notice under paragraphs (1) or (2) is recoverable by the regulator—
(a)as a civil debt; and
(b)where appropriate, in accordance with Part 9.
(7) The regulator must, as soon as is reasonably practicable—
(a)give notice to the authority of any notice of a civil penalty served under paragraph (1) or (2), or any further notice served under paragraph (8); and
(b)pass any civil penalty paid to it to the authority.
(8) Where the regulator has served a notice on a person under paragraph (1) or (2), and paragraph (9) applies, the regulator may (by serving a further notice)—
(a)withdraw the notice; or
(b)modify the notice by substituting a lower civil penalty.
(9) This paragraph applies where, at any time before the penalty specified in the notice is due, the regulator ceases to be satisfied that the person is liable to the penalty specified.
Commencement Information
I1Reg. 30 in force at 31.8.2010, see reg. 1
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