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Article 12 Amendment of article 23 (civil penalties)

Original text. Later amendments are not shown.

After article 23(12) insert—

“(12A)

Where a defaulterf1 does not pay all or any part of the penalty to the Administrator by the date before which the civil penalty must be paid—

(a)

the sum outstanding is to increase at the rate specified in paragraph (12B) and the increase is to be calculated in accordance with paragraph (12C); and

(b)

the increased sum is a debt due from the defaulter to the Administrator until it has been paid in full.

(12B)

The rate for the purposes of paragraph (12A) is 5 percentage points above the base rate of the Bank of England as at the date before which the civil penalty must be paid to the Administrator.

(12C)

The increase is to be calculated on a daily basis beginning on the date before which the civil penalty must be paid to the Administrator, and ending on the date on which payment is received by the Administrator.”.

Annotations

Footnotes

f1

The effect of section 129(1) and (2) of the Energy Act 2004 (c.20) is to provide that a “defaulter” is a person who is liable to a civil penalty under an RTF Order (which is an Order made under section 124(1) of the Energy Act 2004).