Explanatory Notes

Energy Act 2008

2008 CHAPTER 32

26 November 2008

Chapter 2: Importation and Storage of Combustible Gas

Commentary on Sections

Enforcement

Section 11: Failure to comply with a direction under section 10

38.Subsection (1) of this section provides that a failure to comply with a direction under section 10 is a criminal offence, unless the accused proves due diligence was exercised in trying to avoid committing the offence. The penalties are set out in subsection (2): a fine of up to the statutory maximum (currently £5,000 in England, Wales and Northern Ireland and £10,000 in Scotland) on summary conviction, or an unlimited fine for conviction on indictment.