(2) The terms must provide that, where the administrator’s finding is of a failure to meet a target for target period 3 , target period 4 , target period 5 or target period 6, the fee is to be calculated in accordance with paragraph (3) or (4).

(3) If the circumstances set out in regulation 12(2)(a)(i) apply, the amount of the fee is—

A x (W - S)

where—

(a) A is £14 for target periods 3 and 4, £18 for target period 5, or £25 for target period 6;

(aa) where the finding is of a failure to meet a target for target period 7, 8 or 9, A is the number of pounds sterling which is equal to the result of the application of the formula in regulation 12(3) in respect of that target period, rounded up or down to the nearest pound;

(b) W in units of tCO₂ equivalent represents the amount by which the emissions for the target period exceed the target;

(d) S, for target periods 5 , 6 and 7, is zero;

(e) S, for target period 8, in units of tCO₂ equivalent represents any surplus in respect of target period 7; and

(f) S, for target period 9, in units of tCO₂ equivalent represents any surplus in respect of target period 7 or 8.

(4) If the circumstances set out in regulation 12(2)(a)(ii) apply, the amount of the fee is—

A x W

where—

(a) A is £14 for target periods 3 and 4, £18 for target period 5, or £25 for target period 6; ...

(aa) where the finding is of a failure to meet a target for target period 7, 8 or 9, A is the number of pounds sterling which is equal to the result of the application of the formula in regulation 12(3) in respect of that target period, rounded up or down to the nearest pound; and

(b) W in units of tCO₂ equivalent represents the amount by which the emissions for the target period exceed the target.

Cancellation of surplus used to meet targets

Terms to be included in an underlying agreement relating to the provision of information

Financial penalties

Notice of a financial penalty

Obligation to terminate an agreement

Power to terminate an agreement

Notice of termination and date termination takes effect

Right of appeal

Grounds of appeal

Effect of an appeal

Determination of an appeal

Service of notices

Power to vary an agreement

14A

(1) The administrator may vary an agreement to take account of any changes in the terms specified by these Regulations from time to time as terms which must be included in agreements.

(2) If the administrator varies an umbrella agreement, the administrator must also vary each underlying agreement with which it forms a combination of agreements for the purposes of paragraph 48[^f00003] of Schedule 6.

(3) If the administrator varies an umbrella agreement, the administrator must issue a varied agreement to the sector association which is a party to that agreement.

(4) If the administrator varies an underlying agreement, the administrator must issue a varied agreement to the operator which is a party to that agreement.

(5) A varied agreement must specify the date on which a variation under this regulation takes effect.

Financial penalties

Notice of a financial penalty

Obligation to terminate an agreement

Power to terminate an agreement

Notice of termination and date termination takes effect

Right of appeal

Grounds of appeal

Effect of an appeal

Determination of an appeal

Service of notices

Publication of a financial penalty

16A

(1) The administrator must publish the following information in relation to a financial penalty imposed on an operator under regulation 15—

(a) the name of the operator;

(b) the amount of the penalty imposed; and

(2) The information listed in paragraph (1) must be published for a period of at least one year.

(3) Paragraphs (1) and (2) do not take effect until the period specified for any appeal against the financial penalty has expired.

(4) This regulation does not apply in relation to a financial penalty imposed before 31st December 2023.

Withdrawal, reduction or extension of time for payment of a financial penalty

16B

(1) On or before the date by which a penalty must be paid, as specified in a notice under regulation 16, if the administrator considers it appropriate, the administrator may decide to—

(a) withdraw the penalty;

(b) reduce the penalty;

(2) If under paragraph (1)—

(a) the administrator decides to withdraw a financial penalty, the administrator must—

(i) serve a notice on the operator stating that the penalty is withdrawn; and

(ii) where information in respect of the penalty is published under regulation 16A, publish information showing that the penalty is withdrawn;

(b) the administrator decides to reduce a financial penalty, the administrator must—

(i) serve a notice on the operator modifying the notice served under regulation 16 in respect of the penalty; and

(ii) where information in respect of the penalty is published under regulation 16A, publish information showing the reduced amount of the penalty;

(c) the administrator decides to allow an extension of time for payment of a financial penalty, the administrator must serve a notice on the operator modifying the notice served under regulation 16 in respect of the penalty.

Obligation to terminate an agreement

Power to terminate an agreement

Notice of termination and date termination takes effect

Right of appeal

Grounds of appeal

Effect of an appeal

Determination of an appeal

Service of notices

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