Regulation 24 Penalty charge notices for failure to comply with regulation 6, 7 or 13

(1)

An enforcement authority may, if it believes that—

(a)

a developer has breached any duty under regulation 6 (energy performance certificates on construction), give a penalty charge notice to the developer,

(b)

an owner has breached any duty under regulation 7 (advertisement for sale or let of a building or building unit), give a penalty charge notice to the owner,

(c)

an owner or occupier has breached any duty under regulation 13 (display of energy performance certificates), give a penalty charge notice to the owner or occupier, as the case may be.

(2)

Regulations 23(2) to (8) and 27 to 31 apply in relation to a penalty charge notice given under—

(a)

paragraph (1)(a) as they apply to a penalty charge notice given under regulation 23(1) subject to the modifications specified in paragraph (3),

(b)

under paragraph (1)(b) as they apply to a penalty charge notice given under regulation 23(1) subject to the modifications specified in paragraph (4),

(c)

paragraph (1)(c) as they apply to a penalty charge notice given under regulation 23(1) subject to the modifications specified in paragraph (5).

(3)

The modifications are—

(a)

that regulation 23 applies as if—

(i)

paragraph (2)(a) were omitted, and

(ii)

the reference in paragraph (2)(b) and in paragraph (3)(b) to regulation 5 were a reference to regulation 6,

(b)

that regulation 28 (appeal to the sheriff court) applies as if the reference in paragraph (4)(a) to regulation 5 were a reference to regulation 6.

(4)

The modifications are—

(a)

that regulation 23 applies as if––

(i)

paragraph (2)(a) were omitted,

(ii)

the reference in paragraph (2)(b) and in paragraph (3)(b) to regulation 5 were a reference to regulation 7,

(iii)

the reference in paragraph (7) to regulation 25 were a reference to regulation 26,

(b)

that regulation 28 applies as if the reference in paragraph (4)(a) to regulation 5 were a reference to regulation 7.

(5)

The modifications are—

(a)

that regulation 23 applies as if—

(i)

paragraph (2)(a) were omitted,

(ii)

the reference in paragraph (2)(b) and in paragraph (3)(b) to regulation 5 were a reference to regulation 13, and

(b)

that regulation 28 applies as if the reference in paragraph (4)(a) to regulation 5 were a reference to regulation 13.

(6)

Any sum received by an enforcement authority under this regulation shall accrue to that authority.