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Regulation 38 Waiver or modification of certain civil penalties

Original text. Later amendments are not shown.

(1)

Except in the case of a penalty which must be imposed under regulation 41 (failure to notify fossil fuel boiler sales) or 45 (failure to make a payment), where the administrator considers appropriate, the administrator may—

(a)

waive a penalty;

(b)

allow additional time to pay a financial penalty;

(c)

impose a lower financial penalty or substitute a lower or higher financial penalty where one has already been imposed; or

(d)

modify the application of a publication penalty.

(2)

Where the administrator ceases to be satisfied that a person is liable for a penalty, or where there is an error in a penalty notice, the administrator may serve a further notice on that person to withdraw or correct the penalty notice.