{
  "url": "https://openlegislation.uk/aviation-greenhouse-gas-emissions-trading-scheme-regulations-2009/regulation-23",
  "json_url": "https://openlegislation.uk/aviation-greenhouse-gas-emissions-trading-scheme-regulations-2009/regulation-23.json",
  "legislation": "uksi/2009/2301",
  "legislation_title": "The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009",
  "legislation_url": "https://openlegislation.uk/aviation-greenhouse-gas-emissions-trading-scheme-regulations-2009",
  "path": "regulation/23",
  "kind": "regulation",
  "number": "23",
  "heading": "Waiver and modification",
  "text": "(1) Paragraph (2) applies where—\n(a) the person liable to a civil penalty or upon whom a civil penalty has been imposed demonstrates to the satisfaction of the regulator, within 8 weeks of the service of a notice under regulation 21(1), that the person exercised all due diligence and took all steps possible—\n(i) to comply with the provision of the Regulations giving rise to the penalty; or\n(ii) to rectify any failure in compliance as soon as it came to that person's notice, provided that the person was acting reasonably in being unaware of the failure in compliance; and\n(b) in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).\n(2) The regulator may—\n(a) waive a civil penalty;\n(b) impose or substitute a lower civil penalty;\n(c) allow the person a period of no more than 31 days to rectify any failure in compliance before it imposes a civil penalty, subject to such conditions (if any) as it considers appropriate;\n(d) extend the time for payment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regulations revoked (31.8.2010) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996), regs. 1, 60 (with savings and transitional provisions in reg. 60(2)-(12))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/2301/regulation/23",
    "retrieved_at": "2026-10-29T03:06:25.068086+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}