The Clean Heat Market Mechanism Regulations 2025

Part 9 Criminal penalties

Provision of false or misleading information

47.—(1) It is an offence for a scheme participant or a near-threshold supplier to make a notification which it is required to make under regulation 15 or 16 (notification of fossil fuel boiler sales)—

(a) which includes information that the scheme participant or a near-threshold supplier knows to be false or misleading in a material particular; or

(b) recklessly and which includes information which is false or misleading in a material particular.

(2) A scheme participant or a near-threshold supplier guilty of an offence under paragraph (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment, to a fine.

Obstructing power of entry etc.

48.—(1) It is an offence for a person—

(a) to fail to comply with a requirement imposed pursuant to regulation 33(1);

(b) to prevent any other person from—

(i) appearing before the administrator or an authorised person; or

(ii) answering a question to which the administrator or authorised person requires an answer;

when the person has been required to do so under regulation 33(1)(c); or

(c) intentionally to obstruct the administrator, or an authorised person, in the exercise of a power referred to in regulation 33(1).

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or in Northern Ireland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment, to a fine.

Corporate liability

49.—(1) Where an offence under this Part is committed by a body corporate and—

(a) it is committed with the consent or connivance of an officer; or

(b) it is attributable to any neglect on the officer's part,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) An “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member's functions of management as if the member were a director of the body corporate.

Scottish partnerships

50.—(1) Where an offence under this Part is committed by a Scottish partnership and—

(a) it is committed with the consent or connivance of a partner; or

(b) it is attributable to any neglect on the partner's part,

the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1) “partner” includes a person purporting to act as a partner.