Part 2 Civil Sanctions
Climate Change Act 2008 (2008 c 27) | Legislation

Part 2 Civil Sanctions

Civil sanctions

9

(1)     The relevant national authority may make provision by regulations about civil sanctions for breaches of regulations under this Schedule.

(2)     For the purposes of this Schedule a person breaches regulations under this Schedule if, in such circumstances as may be specified, the person—

(a)     fails to comply with a requirement made by or under the regulations, or

(b)     obstructs or fails to assist an administrator.

(3)     In this Schedule “civil sanction†means—

(a)     a fixed monetary penalty (see paragraph 10), or

(b)     a discretionary requirement (see paragraph 12).

Fixed monetary penalties

10

(1)     The regulations may make provision conferring on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches regulations under this Schedule.

(2)     The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred.

(3)     For the purposes of this Schedule a “fixed monetary penalty†is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations.

(4)     The regulations

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