# The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009, Regulation 23: Waiver and modification


(1) Paragraph (2) applies where—
(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—
(i) to comply with the provision of the Regulations giving rise to the penalty; or
(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
(b) in all the circumstances it is reasonable to exercise the powers set out in paragraph (2).
(2) The regulator may—
(a) waive a civil penalty;
(b) impose or substitute a lower civil penalty;
(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;
(d) extend the time for payment.

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Source: https://www.legislation.gov.uk/uksi/2009/2301/regulation/23 (the official version)
Page: https://openlegislation.uk/aviation-greenhouse-gas-emissions-trading-scheme-regulations-2009/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.