# The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019, Regulation 13: Amendment of Article 9


(1) Article 9 (administrative fines) is amended as follows.
(2) In paragraph 1—
(a) in the first subparagraph—
(i) for “Commission” substitute “Secretary of State”;
(ii) in point (a), for “it” substitute “the Secretary of State”;
(b) in the second subparagraph, for “Commission” substitute “Secretary of State”;
(c) in the third subparagraph—
(i) omit “shall be effective, proportional and dissuasive and”;
(ii) for “EUR 30 000” substitute “£26,000”.
(3) For paragraph 2, substitute—
“2. Regulations may make provision in relation to administrative fines.
Regulations made under this paragraph may, in particular:
(a) make provision about the amount of an administrative fine;
(b) provide for the payment of an administrative fine into the consolidated fund;
(c) set out the procedure to be followed in imposing an administrative fine;
(d) set out the procedure for the collection and enforcement of an administrative fine;
(e) provide for a right of appeal against the imposition of a penalty.”.
(4) In paragraph 3—
(a) for the opening words substitute “The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles”;
(b) in point (a) omit “the procedure established by the Commission shall respect”;
(c) in point (b)—
(i) for “Commission” substitute “Secretary of State”;
(ii) omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;
(iii) for “taking” substitute “take”.
(5) Omit paragraph 4.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111182178/regulation/13 (the official version)
Page: https://openlegislation.uk/draft-heavy-duty-vehicles-emissions-and-fuel-consumption-amendment-eu-exit-regulations-2019/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

