The Clean Heat Market Mechanism Regulations 2025
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Change 1
37 Civil penalties: general
(1) Where the administrator considers that a scheme participant or a near-threshold supplier is liable to a civil penalty under regulation 41 (failure to notify fossil fuel boiler sales) or that a scheme participant is liable to a civil penalty under regulation 45 (failure to make a payment), the administrator must impose a civil penalty on the scheme participant or near-threshold supplier, as the case may be. (2) Where the administrator considers that a person is liable to a civil penalty under any other provision of this Part, the administrator may impose a civil penalty on the person. (3) A civil penalty is imposed on a person by giving a notice (referred to in this Part as a “penalty notice”) to the person. (4) A penalty notice must set out— (a) the grounds for liability; (b) the nature of the penalty; (c) the amount of any financial penalty, including how the amount is calculated and the amount of any accruing daily financial penalty; (d) the date by which any financial penalty must be paid, which must not be less than 28 days after the day on which the notice is given; (e) the person to whom payment of a financial penalty must be made; (f) how payment of a financial penalty may be made; (g) information about rights of appeal. (5) The person to whom a penalty notice is given must pay any financial penalty set out in the notice to the person indicated in the notice on or before the due date. (6) A financial penalty, if unpaid, is recoverable by the administrator— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (7) The administrator must pay any financial penalty received into the Consolidated Fund.
37 Civil penalties: general
(1) Where the administrator considers that a scheme participant or a near-threshold supplier is liable to a civil penalty under regulation 41 (failure to notify fossil fuel boiler sales) or that a scheme participant is liable to a civil penalty under regulation 45 (failure to make a payment), the administrator must impose a civil penalty on the scheme participant or near-threshold supplier, as the case may be. (2) Where the administrator considers that a person is liable to a civil penalty under any other provision of this Part, the administrator may impose a civil penalty on the person. (3) A civil penalty is imposed on a person by giving a notice (referred to in this Part as a “penalty notice”) to the person. (4) A penalty notice must set out— (a) the grounds for liability; (b) the nature of the penalty; (c) the amount of any financial penalty, including how the amount is calculated and the amount of any accruing daily financial penalty; (d) the date by which any financial penalty must be paid, which must not be less than 28 days after the day on which the notice is given; (e) the person to whom payment of a financial penalty must be made; (f) how payment of a financial penalty may be made; (g) information about rights of appeal. (5) The person to whom a penalty notice is given must pay any financial penalty set out in the notice to the person indicated in the notice on or before the due date. (6) A financial penalty, if unpaid, is recoverable by the administrator— (a) as a civil debt; or (b) on the order of a court, as if payable under a court order. (7) The administrator must pay any financial penalty received into the Consolidated Fund.
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