# Energy Act 2023, Paragraph 39: Penalties

Extent: E+W+S+N.I.

(1) Regulations made by virtue of paragraph 37(2)(c) may, in particular—
(a) make provision about the maximum amount that may be imposed by way of penalty;
(b) make provision about procedure;
(c) make provision about the payment of interest;
(d) specify how a penalty (and any interest) may be recovered;
(e) make provision about payment of a penalty (and any interest) in instalments;
(f) require sums received by way of penalty (and interest) to be paid into—
(i) the Consolidated Fund, or
(ii) in relation to Northern Ireland, the Consolidated Fund of Northern Ireland;
(g) make provision enabling the Regulator to accept an enforcement undertaking from a relevant person and about the consequences of accepting such an undertaking.
(2) The regulations may provide for—
(a) publication by the Regulator of a statement of policy with respect to the imposition of penalties and the determination of their amount;
(b) revision of the statement of policy.
(3) Where regulations make provision by virtue of paragraph 37(2)(c) for the imposition of a penalty on a relevant person, the regulations—
(a) must also include provision enabling the relevant person to challenge the penalty in legal proceedings;
(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.
(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.

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Source: https://www.legislation.gov.uk/ukpga/2023/52/schedule/18/paragraph/39 (the official version)
Page: https://openlegislation.uk/energy-act-2023/schedule-18/paragraph-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.