OpenLegislation

Regulation 50 Penalty noticesF1

United Kingdom

(1)

Where the regulator is satisfied that a person (“P”) is liable to a civil penalty under this Part the regulator must (subject to regulation 51) serve a notice on P.

(2)

The penalty notice must specify—

(a)

the regulation under which that liability arises;

(b)

the amount of the civil penalty due;

(c)

where appropriate, how that amount is calculated;

(d)

whether or not P may be liable to a civil penalty in accordance with regulation F253(3)(b), 56(2)(b), 68(2)(b), or 69(2)(b) (an “additional daily penalty”); and

(e)

if P will not be liable to an additional daily penalty, the date by which the penalty for which P is liable must be paid.

(3)

Subject to regulation 51 F3..., where the regulator is satisfied that P is liable to an additional daily penalty the regulator must, when the amount of that additional daily penalty can be determined, serve a notice on P specifying—

(a)

the total amount of the civil penalties due; and

(b)

the date by which that amount must be paid.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

A civil penalty imposed by a penalty notice or an additional penalty notice must be paid to the regulator by the date specified in the notice.

(6)

Any such civil penalty is recoverable by the regulator—

(a)

as a civil debt; F5...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

the regulator must, as soon as is reasonably practicable—

(a)

give notice to the authority of the service of any penalty notice or additional penalty notice; and

(b)

pass to the authority any civil penalty that has been paid to the regulator.

Annotations

Textual amendments

F1

Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12

F2

Words in reg. 50(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 16(a) (with reg. 46)

F3

Words in reg. 50(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 16(b) (with reg. 46)

F4

Reg. 50(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 16(c) (with reg. 46)

F5

Reg. 50(6)(b) and word omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 16(d) (with reg. 46)