Regulation 37 Civil penalties: general
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.
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.
A civil penalty is imposed on a person by giving a notice (referred to in this Part as a “penalty notice”) to the person.
A penalty notice must set out—
the grounds for liability;
the nature of the penalty;
the amount of any financial penalty, including how the amount is calculated and the amount of any accruing daily financial penalty;
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;
the person to whom payment of a financial penalty must be made;
how payment of a financial penalty may be made;
information about rights of appeal.
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.
A financial penalty, if unpaid, is recoverable by the administrator—
as a civil debt; or
on the order of a court, as if payable under a court order.
The administrator must pay any financial penalty received into the Consolidated Fund.