{
  "url": "https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016/schedule-26A/paragraph-9",
  "json_url": "https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016/schedule-26A/paragraph-9.json",
  "legislation": "uksi/2016/1154",
  "legislation_title": "The Environmental Permitting (England and Wales) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016",
  "path": "schedule/26A/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Non-compliance penalty",
  "text": "(1) If a person fails to comply with a third party undertaking accepted by the Agency in accordance with paragraph 4(2), the Agency may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in relation to the offence to which the third party undertaking relates.\n(2) The amount of the non-compliance penalty must be determined by the Agency in accordance with sub-paragraph (3).\n(3) The amount of the non-compliance penalty must be a percentage of the costs of fulfilling the requirements or the remaining requirements of the third party undertaking, up to a maximum of 100%.\n(4) The notice referred to in paragraph (1) must include information as to—\n(a) the grounds for imposing the non-compliance penalty;\n(b) the amount of the penalty;\n(c) the method by which it can be paid;\n(d) the period within which payment must be made, which must not be less than 28 days; and\n(e) the grounds on which the person served with the notice may appeal.\n(5) The Agency may at any time withdraw a notice imposing a non-compliance penalty by sending written confirmation of the withdrawal to the person on whom the notice was served.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 26A inserted (E.) (1.12.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) (No. 2) Regulations 2023 (S.I. 2023/1046), reg. 1(1), Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1154/schedule/26A/paragraph/9",
    "retrieved_at": "2026-11-05T03:41:31.926820+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."
}