# The Fluorinated Greenhouse Gases Regulations 2015, Paragraph 1: Imposition of a civil penalty


(1) A relevant enforcing authority may by notice impose on any person, in relation to a failure to comply with any provision referred to in regulation 31A, a requirement to pay a civil penalty to the relevant enforcing authority of such an amount as the notice may specify or determine, subject to sub-paragraph (4).
(2) The standard of proof to be applied by a relevant enforcing authority imposing a civil penalty under these Regulations is on a balance of probabilities.
(3) A civil penalty may not be imposed—
(a) on more than one occasion in relation to the same act or omission;
(b) in relation to an act or omission that resulted in a criminal conviction.
(4) The maximum civil penalty is £200,000, except as provided in the following table—
Column 1
Column 2
Maximum civil penalty
Provision subject to civil penalty
£100,000 in relation to the entries in column 2
Regulation 18
Article 3(2), (3) (except in relation to the failure of operators of equipment to ensure that equipment is repaired without undue delay where a leakage of fluorinated greenhouse gases is detected) and (4) of the 2014 Regulation
Article 4(1) of the 2014 Regulation
Article 5(1), (2), (3) and (4) of the 2014 Regulation
Article 7(1) of the 2014 Regulation
Article 8(1), (2) and (3) of the 2014 Regulation
Article 13(1), (2) and (3) of the 2014 Regulation
Article 17(1) of the 2014 Regulation
Article 19(5) and (6) of the 2014 Regulation
Article 3 of Commission Regulation 1497/2007
Article 4(1), (2) and (4) of Commission Regulation 1497/2007
Article 5 of Commission Regulation 1497/2007
Article 6 of Commission Regulation 1497/2007
Article 7 of Commission Regulation 1497/2007
Article 2(1), (2), (3) and (4) of Commission Regulation 1516/2007
Article 3 of Commission Regulation 1516/2007
Article 4 of Commission Regulation 1516/2007
Article 5 of Commission Regulation 1516/2007
Article 6 of Commission Regulation 1516/2007
Article 7(1) and (2) of Commission Regulation 1516/2007
Article 8 of Commission Regulation 1516/2007
Article 9 of Commission Regulation 1516/2007
Article 10 of Commission Regulation 1516/2007
Article 4(1) of Commission Regulation 304/2008
Article 7(1) of Commission Regulation 304/2008
Article 2(1) of Commission Regulation 307/2008
Article 2(1) of Commission Regulation 2015/2066
Article 3(1) of Commission Regulation 2015/2067
Article 5 of Commission Regulation 2015/2067
£50,000 in relation to the entries in column 2
Regulation 19
Article 6(1), (2) and (3) of the 2014 Regulation
Article 12(1) of the 2014 Regulation
Article 12(5) of the 2014 Regulation
Article 14(2) of the 2014 Regulation
Article 2 of Commission Regulation 2015/2068
£10,000 in relation to the entries in column 2
Regulation 31A(2)(c)
Article 19(1), (2), (3) and (4) of the 2014 Regulation
Article 1(2) of Commission Regulation 2016/879
Article 4 of Commission Regulation 2016/879
(5) The Secretary of State or the Environment Agency may recover any civil penalty imposed by them under this Schedule as if payable under order of the court.
(6) The Scottish Ministers or SEPA may recover any civil penalty imposed by them under this Schedule as if it were payable under an extract registered decree arbitral bearing a warrant for execution by a sheriff of any sheriffdom.
(7) A relevant enforcing authority must, as soon as is reasonably practicable, pay the amount of any civil penalty that has been paid to it—
(a) to the Secretary of State, in the case of the Environment Agency;
(b) to the Scottish Ministers, in the case of SEPA.

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Source: https://www.legislation.gov.uk/uksi/2015/310/schedule/4/paragraph/1 (the official version)
Page: https://openlegislation.uk/fluorinated-greenhouse-gases-regulations-2015/schedule-4/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

