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Paragraph 52F F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Regulations may confer power on the Administrator—

(a)

to impose a financial penalty of a specified amount on a person who, as a representative of a facility to which a climate change agreement applies, contravenes a term of the agreement, and

(b)

to terminate, with effect from a specified date, the agreement so far as it applies to the facility if—

(i)

the financial penalty is not paid to the Administrator within a specified period, or

(ii)

the contravention is not remedied to the Administrator's satisfaction within a specified period.

(2)

Regulations may also confer power on the Administrator to terminate, with effect from a specified date and without first imposing a financial penalty, a climate change agreement so far as it applies to a facility if there is a contravention of the agreement by a person who is a representative of the facility.

(3)

Neither sub-paragraph (1)(a) nor sub-paragraph (2) covers a failure to meet, or to make progress towards meeting, any targets set for a facility under a climate change agreement.

(4)

If regulations falling within sub-paragraph (1) or (2) are made, the regulations must also—

(a)

confer rights of appeal against a decision taken by the Administrator to impose a financial penalty or to terminate a climate change agreement (as the case may be), and

(b)

specify the court, tribunal or person who is to hear and determine the appeal.

(5)

The Secretary of State may be specified for the purposes of sub-paragraph (4)(b).

(6)

Penalties received by the Administrator must be paid to the Secretary of State who must pay them into the Consolidated Fund.

(7)

Regulations may confer power on the Administrator to terminate, with effect from a specified date, a climate change agreement so far as it applies to a facility in specified circumstances not involving a contravention of the agreement.

(8)

In sub-paragraphs (1) to (7)—

  • “representative” has the meaning given by paragraph 47(2), and

  • “specified” means specified in, or determined in accordance with, the regulations.

(9)

Sub-paragraph (10) or (11) (as the case may be) applies if a climate change agreement is terminated in respect of a facility before the start of, or during, a period specified for the facility in such a certificate as is mentioned in paragraph 44(1).

(10)

If the termination is before the start of the specified period, the Administrator must, in respect of the facility, give a variation certificate within paragraph 45(1)(a) in relation to the specified period.

(11)

If the termination is during the specified period, the Administrator must, in respect of the facility, give a variation certificate within paragraph 45(1)(b) in relation to the specified period specifying the day of the termination.

Annotations

Textual amendments

F1

Sch. 6 paras. 52A-52F and cross-heading inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 31 para. 9 (with Sch. 31 para. 11)

Notes on Schedule 6

Modifications

C1

Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3

C2

Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)

Notes on Part IV

Modifications

C1

Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3