PART 3Minimum level of energy efficiency

CHAPTER 6Penalties – domestic and non-domestic PR property

Penalty notices38

1

An enforcement authority may, on or after 1st April 2018, serve a notice on L (a “penalty notice”) in any case where it is satisfied that L is, or has been at any time in the 18 months preceding the date of service of the penalty notice, in breach of one or more of the following—

a

regulation 23,

b

regulation 27,

c

regulation 37(4)(a),

imposing a financial penalty, a publication penalty, or both a financial penalty and a publication penalty, in accordance with this Chapter.

2

A penalty notice must—

a

specify the provision of these Regulations which the enforcement authority believes L has breached,

b

give such particulars as the enforcement authority considers necessary to identify the matters constituting the breach,

c

specify—

i

any action the enforcement authority requires L to take to remedy the breach,

ii

the period within which such action must be taken,

d

specify—

i

the amount of any financial penalty imposed and, where applicable, how it has been calculated,

ii

whether the publication penalty has been imposed,

e

require L to pay any financial penalty within a period specified in the notice,

f

specify the name and address of the person to whom any financial penalty must be paid and the method by which payment may be made,

g

state the effect of regulations 42 to 45, and

h

specify—

i

the name and address of the person to whom a notice requesting a review in accordance with regulation 42 may be sent (and to whom any representations relating to the review must be addressed), and

ii

the period within which such a notice may be sent.

3

Each of the periods specified under paragraph (2)(c) and (e) must not be less than one month, beginning on the day on which the penalty notice is served.

4

Where L fails to take the action required by a penalty notice within the period specified in that penalty notice in accordance with paragraph (2)(c), the enforcement authority may issue a further penalty notice.