Commentary on Sections Part 2: Sustainability and Renewable Energy Sources Chapter 5: Renewable Transport Fuel Obligations Section 129: Imposition of civil penalties
307.This section allows an order to provide for persons who contravene designated provisions made by or under Chapter 5 of Part 2 of the Act to be liable to a civil penalty of such amount considered appropriate by the Administrator. This might cover, for example, failure to discharge an obligation, or infringement of requirements relating to the provision of information or payment of administrative charges. The Administrator may issue “civil penalty notices” to persons who breach the relevant provisions.
308.Subsection (3) allows an order to set a maximum penalty. But no penalty may be imposed on a defaulter which exceeds 10 per cent of the turnover of the defaulter’s business.
309.Subsections (4) to (6) set out the procedure for the issuing and payment of penalties under the section.
310.Subsection (7) requires the Administrator to pay any penalty sums received to the Secretary of State, who in turn must pay them into the Consolidated Fund.