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Regulation 17A Penalty charge notice for failure to comply with regulation 5AF1

(1)

An enforcement authority may, if it believes that an owner has breached any duty under regulation 5A, give a penalty charge notice to the owner.

(2)

Regulations 17(2)(b), (3) to (7) and 19 to 23 apply in relation to a penalty charge notice given under this regulation as they apply to a penalty charge notice given under regulation 17 subject to the modifications specified in paragraph (3).

(3)

The modifications are—

(a)

that regulation 17 applies as if––

(i)

the reference in paragraph (2)(b) and in paragraph (3)(b) to regulation 5 were a reference to regulation 5A; and

(ii)

the reference in paragraph (7) to regulation 18 were a reference to regulation 18A; and

(b)

the reference in regulation 20(4)(a) to regulation 5 were a reference to regulation 5A.

(4)

Any sum received by F2an enforcement authority under this regulation shall accrue to that authority.

Annotations

Textual amendments

F1

Regs. 17A, 17B inserted (9.1.2013) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(2), 16 (with reg. 19)

F2

Words in reg. 17A(4) substituted (19.12.2015) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (S.S.I. 2015/386), regs. 1, 2(8)