{
  "url": "https://openlegislation.uk/energy-act-2023/schedule-18/paragraph-39",
  "json_url": "https://openlegislation.uk/energy-act-2023/schedule-18/paragraph-39.json",
  "legislation": "ukpga/2023/52",
  "legislation_title": "Energy Act 2023",
  "legislation_url": "https://openlegislation.uk/energy-act-2023",
  "path": "schedule/18/paragraph/39",
  "kind": "paragraph",
  "number": "39",
  "heading": "Penalties",
  "text": "(1) Regulations made by virtue of paragraph 37(2)(c) may, in particular—\n(a) make provision about the maximum amount that may be imposed by way of penalty;\n(b) make provision about procedure;\n(c) make provision about the payment of interest;\n(d) specify how a penalty (and any interest) may be recovered;\n(e) make provision about payment of a penalty (and any interest) in instalments;\n(f) require sums received by way of penalty (and interest) to be paid into—\n(i) the Consolidated Fund, or\n(ii) in relation to Northern Ireland, the Consolidated Fund of Northern Ireland;\n(g) make provision enabling the Regulator to accept an enforcement undertaking from a relevant person and about the consequences of accepting such an undertaking.\n(2) The regulations may provide for—\n(a) publication by the Regulator of a statement of policy with respect to the imposition of penalties and the determination of their amount;\n(b) revision of the statement of policy.\n(3) Where regulations make provision by virtue of paragraph 37(2)(c) for the imposition of a penalty on a relevant person, the regulations—\n(a) must also include provision enabling the relevant person to challenge the penalty in legal proceedings;\n(b) may, in particular, specify the grounds on which and the time within which a penalty may be challenged and the remedies that may be given.\n(4) Except as provided by the regulations, the validity of a penalty imposed by virtue of paragraph 37 is not to be questioned in any legal proceedings.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 18 para. 39 in force at Royal Assent, see s. 334(2)(l)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/52/schedule/18/paragraph/39",
    "retrieved_at": "2026-10-29T08:50:44.989649+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}