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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ISBN 978-0-11-113243-2
45.—(1) The amount of an unpaid financial penalty is recoverable from L as a debt owed to the enforcement authority unless the notice has been withdrawn or quashed.
(2) Proceedings for the recovery of the financial penalty may not be commenced—
(a)before the expiry of the period specified for requesting a review under regulation 38(2)(h)(ii),
(b)where a review has been requested under regulation 42(1), before the enforcement authority has served notice of its decision under regulation 42(2)(c), and
(c)where the enforcement authority has served a notice of its decision under regulation 42(2)(c) confirming the penalty notice, before the expiry of the period within which L may appeal to the First-tier Tribunal.
(3) In proceedings for the recovery of a financial penalty, a certificate which—
(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority, and
(b)states that payment of the financial penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
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