Article 102 Failures to maintain records
(1)
The penalties in paragraph (2) apply where—
(a)
the administrator has given notice under article 90 in respect of a failure to comply with article 58; and
(b)
the participant has failed to comply by the time stated in that notice.
(2)
The penalties are—
(a)
a financial penalty at the rate of £40 per tCO2 of so much of the CRC emissions of the participant in the annual reporting year immediately preceding the year in which the non-compliance is discovered; and
(b)
publication.
(3)
Where a participant fails to keep records as provided by article 59, the penalties are a financial penalty of £5000 and publication.