# The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019, Regulation 13: Amendment of Article 9

Extent: E+W+S+N.I.

(1) Article 9 (administrative fines) is amended as follows.
(2) In paragraph 1—
(a) in the first subparagraph—
(i) for “Commission” substitute “ Secretary of State ”;
(ii) in point (a), for “it” substitute “ the Secretary of State ”;
(b) in the second subparagraph, for “Commission” substitute “ Secretary of State ”;
(c) in the third subparagraph—
(i) omit “shall be effective, proportional and dissuasive and”;
(ii) for “EUR 30 000” substitute “ £26,000 ”.
(3) For paragraph 2, substitute—
“
2 Regulations may make provision in relation to administrative fines.
Regulations made under this paragraph may, in particular:
(a) make provision about the amount of an administrative fine;
(b) provide for the payment of an administrative fine into the consolidated fund;
(c) set out the procedure to be followed in imposing an administrative fine;
(d) set out the procedure for the collection and enforcement of an administrative fine;
(e) provide for a right of appeal against the imposition of a penalty.”.
(4) In paragraph 3—
(a) for the opening words substitute “ The Secretary of State, in making regulations under paragraph 2, must have regard to the following principles ”;
(b) in point (a) omit “the procedure established by the Commission shall respect”;
(c) in point (b)—
(i) for “Commission” substitute “ Secretary of State ”;
(ii) omit “be guided by the principles of effectiveness, proportionality and dissuasiveness,”;
(iii) for “taking” substitute “ take ”.
(5) Omit paragraph 4.

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Source: https://www.legislation.gov.uk/uksi/2019/846/regulation/13 (the official version)
Page: https://openlegislation.uk/heavy-duty-vehicles-emissions-and-fuel-consumption-amendment-eu-exit-regulations-2019/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.