37.—(1) Where the administrator considers that a scheme participant or a near-threshold supplier is liable to a civil penalty under regulation 41 (failure to notify fossil fuel boiler sales) or that a scheme participant is liable to a civil penalty under regulation 45 (failure to make a payment), the administrator must impose a civil penalty on the scheme participant or near-threshold supplier, as the case may be.
(2) Where the administrator considers that a person is liable to a civil penalty under any other provision of this Part, the administrator may impose a civil penalty on the person.
(3) A civil penalty is imposed on a person by giving a notice (referred to in this Part as a “penalty notice”) to the person.
(4) A penalty notice must set out—
(a)the grounds for liability;
(b)the nature of the penalty;
(c)the amount of any financial penalty, including how the amount is calculated and the amount of any accruing daily financial penalty;
(d)the date by which any financial penalty must be paid, which must not be less than 28 days after the day on which the notice is given;
(e)the person to whom payment of a financial penalty must be made;
(f)how payment of a financial penalty may be made;
(g)information about rights of appeal.
(5) The person to whom a penalty notice is given must pay any financial penalty set out in the notice to the person indicated in the notice on or before the due date.
(6) A financial penalty, if unpaid, is recoverable by the administrator—
(a)as a civil debt; or
(b)on the order of a court, as if payable under a court order.
(7) The administrator must pay any financial penalty received into the Consolidated Fund.
38.—(1) Except in the case of a penalty which must be imposed under regulation 41 (failure to notify fossil fuel boiler sales) or 45 (failure to make a payment), where the administrator considers appropriate, the administrator may—
(a)waive a penalty;
(b)allow additional time to pay a financial penalty;
(c)impose a lower financial penalty or substitute a lower or higher financial penalty where one has already been imposed; or
(d)modify the application of a publication penalty.
(2) Where the administrator ceases to be satisfied that a person is liable for a penalty, or where there is an error in a penalty notice, the administrator may serve a further notice on that person to withdraw or correct the penalty notice.
39. Publication—
(a)must not take place until the time to appeal against the penalty under Part 10 has expired and—
(i)no appeal against the penalty has been made; or
(ii)where an appeal against the penalty has been made, until after the final determination or withdrawal of the appeal; and
(b)lasts for the period of one year beginning with the date on which publication takes place.
40.—(1) The penalties in paragraph (2) apply where—
(a)an undertaking fails to comply with the registration obligation in regulation 14(1);
(b)a group of undertakings fails to comply with the registration obligation in regulation 14(3); or
(c)an undertaking or a group of undertakings fails to notify the administrator under regulation 14(7) of any changes to the information notified to the administrator pursuant to those obligations.
(2) The penalties are—
(a)the financial penalties of—
(i)£5,000; and
(ii)a daily penalty at a rate of £500 for each day that the undertaking or group of undertakings fails to comply with the obligation in regulation 14(1), (3) or (7), as the case may be, beginning with the day after the date on which the obligation should have been complied with, up to a maximum of £45,000; and
(b)publication.
41.—(1) The penalties in paragraph (2) apply where a scheme participant or a near-threshold supplier fails to make a notification which it is required to make under regulation 15 or 16.
(2) The penalties are—
(a)the financial penalties of—
(i)£50,000;
(ii)a daily penalty at a rate of £500 for each day that the scheme participant or near-threshold supplier fails to make the notification under regulation 15 or 16, as the case may be, beginning with the day after the date on which the notification should have been made, up to a maximum of £45,000; and
(b)publication.
42.—(1) The penalties in paragraph (2) apply where a scheme participant makes a notification which it is required to make under regulation 16 and the notification—
(a)includes information which is inaccurate; but
(b)does not fall within the description in regulation 47(1) (provision of false or misleading information).
(2) The penalties are—
(a)the financial penalty of £50,000; and
(b)publication.
43.—(1) The penalties in paragraph (2) apply where a scheme participant or a near-threshold supplier fails to maintain records as required by regulation 18.
(2) The penalties are—
(a)the financial penalty of £5,000; and
(b)publication.
44.—(1) The penalties in paragraph (2) apply where a scheme participant or a near-threshold supplier fails to make a notification which it is required to make under regulation 21(3) or (4).
(2) The penalties are—
(a)the financial penalties of—
(i)£5,000; and
(ii)a daily penalty at a rate of £500 for each day that the scheme participant or a near-threshold supplier fails to make the notification under regulation 21(3) or (4), as the case may be, beginning with the day after the date on which the notification should have been made, up to a maximum of £45,000; and
(b)publication.
45.—(1) The penalties in paragraph (2) apply where a scheme participant fails to make a payment which is due in accordance with regulation 28.
(2) The penalties are—
(a)a financial penalty equivalent to £4,000 in respect of each unit of the scheme participant’s low-carbon heat target which was unmet and in respect of which a payment was not made in accordance with regulation 28; and
(b)publication.
46.—(1) The penalties in paragraph (2) apply where a person fails to comply (or to comply on time) with the requirements of a notice (the “information notice”) given under regulation 32.
(2) The penalties are—
(a)the financial penalties of—
(i)£5,000; and
(ii)a daily penalty at a rate of £500 for each day that the person fails to comply with the requirements of the information notice, beginning with the day after the date by which the requirements of the information notice should have been complied with, up to a maximum of £45,000; and
(b)publication.