# The Clean Heat Market Mechanism Regulations 2024, Regulation 37: Civil penalties: general


(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.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348266047/regulation/37 (the official version)
Page: https://openlegislation.uk/draft-clean-heat-market-mechanism-regulations-2024/regulation-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.