OpenLegislation

Regulation 53 Failure to comply with a condition of a permitF1

United Kingdom

(1)

An operator is liable to the civil penalties in paragraph (3) where the operator fails to comply (or comply on time) with a condition of a permit included pursuant to—

(a)

paragraph 2(1)(e)(ii) or (iv) of Schedule 4 F2...;

(b)

paragraph 3(1)(g), (h) or (i) of Schedule 5; or

(c)

regulation 10 of the 2005 Regulations, other than regulation 10(3) and (4) (or such a condition as modified by virtue of F3regulation 88 of these Regulations).

(2)

However, an operator is not liable to those civil penalties where the failure to comply gives rise to a penalty under regulation 57.

(3)

The civil penalties are—

(a)

F4£20,000; and

(b)

F5£500 for each day that the operator fails to comply with the condition following service of a penalty notice, up to a maximum of F6£45,000.

F7(4)

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

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. 53(1)(a) 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), 18(a)(i) (with reg. 46)

F3

Words in reg. 53(1)(c) 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), 18(a)(ii) (with reg. 46)

F4

Sum in reg. 53(3)(a) 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), 18(b)(i) (with reg. 46)

F5

Sum in reg. 53(3)(b) 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), 18(b)(ii)(aa) (with reg. 46)

F6

Sum in reg. 53(3)(b) 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), 18(b)(ii)(bb) (with reg. 46)

F7

Reg. 53(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), 18(c) (with reg. 46)