Regulation 52 Carrying out a regulated activity contrary to regulation 9

Where in any scheme year a regulated activity is carried out that is not authorised by a permit, contrary to regulation 9, the operator of the installation (“P”) is at the end of that year liable to the civil penalty in paragraph (2).

F1Subject to paragraph (3), for each such year, the civil penalty is A + (B × C), where—

• A is the estimated amount of the costs avoided by P in that year as a result of carrying out a regulated activity without such authorisation;

• B is the estimated amount of reportable emissions from the installation in the period during which a regulated activity was carried out without such authorisation;

• C is the carbon price for that year.

In paragraph (2), the reference to “costs” includes a reference to carbon emissions tax.

In imposing the penalty under paragraph (2), the regulator may increase the amount determined under that paragraph by a percentage designed to ensure that the penalty exceeds the amount of any economic benefit that P has obtained as result of the failure to comply with regulation 9.

The authority must exercise powers under F4... regulation F540 of the Northern Ireland Regulations to give the regulator directions as to—