PART 7Enforcement
CHAPTER 2Civil penalties
Ultra-small emitters: reportable emissions exceeding maximum amountI159
1
Subject to paragraph (3), where an installation's reportable emissions in a scheme year for which the installation is an ultra-small emitter exceed the maximum amount, the operator of the installation is liable to a civil penalty.
2
The civil penalty is (RE – maximum amount) x CP, where—
RE is the installation's reportable emissions in the scheme year;
CP is the carbon price for the scheme year.
3
A civil penalty under this article may be imposed only in respect of—
a
the first scheme year in an allocation period in which the installation's reportable emissions exceed the maximum amount; and
b
if the following scheme year is in the same allocation period, that scheme year.
4
In this article, “maximum amount” has the meaning given in paragraph 1 of Schedule 8.