Article 98 Failure to provide information under article 73

(1)

The administrator may impose the penalties in paragraph (2) where a participant in the Trading Schemes fails to comply with a requirement in article 73 to provide, or to ensure that the administrator has available to it, the information or evidence specified in—

(a)

article 73 (5)(a) to (d) (SPVs, car clubs and ZE car or van warranties);

(b)

paragraph 1 (g), 6 (g)12 (c) or 13 (c) of Schedule 7 (specific emissions of CO₂ of a car, van or SPV);

(c)

paragraph 1 (i) or 6 (k) of Schedule 7 (fuel type and fuel mode of a car, van or SPV);

(d)

paragraph 1 (l) or 6 (n) of Schedule 7 (code for any eco-innovations);

(e)

paragraph 1 (r) or 6 (r) of Schedule 7 (electric range of a car, van or SPV, where applicable).

(2)

The penalties are—

(a)

the financial penalty of—

(i)

£7,500;

(ii)

£15,000 for each car to which a failure in paragraph (1) relates;

(iii)

£15,000 for each ZE SPV of category M1 to which a failure in paragraph (1) relates;

(iv)

£18,000 for each van to which a failure in paragraph (1) relates; and

(v)

£18,000 for each ZE SPV which is of category N1, or which is of category N2 and which falls within the description in paragraph (c) of the definition in “van” in article 3 (1), to which a failure in paragraph (1) relates;

(b)

publication; and

(c)

a block.

(3)

The administrator may impose the penalties in paragraph (4) where a participant in the Trading Schemes fails to comply with a requirement in article 73 to provide, or to ensure that the administrator has available to it, any information other than that specified in paragraph (1).

(4)

The penalties are—

(a)

the financial penalty of £750; and

(b)

publication.