| Previous Section | Index | Home Page |
(a) before the end of the specified period; or
(b) within such longer period as he may agree with the objector.
(6) Where, on consideration of an objection, the Administrator increases the penalty, he must give the objector a new civil penalty notice; and, where he reduces it, the notification mentioned in subsection (5) must set out the reduced amount.'.—[Mr. Timms.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 14
'(1) A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—
(a) that he is not liable to pay the penalty;
13 Jul 2004 : Column 1343
(b) that the amount of the penalty is too high.
(2) An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.
(3) On an appeal under this section, the court may—
(a) allow the appeal and cancel the penalty;
(b) allow the appeal and reduce the penalty; or
(c) dismiss the appeal.
(4) An appeal under this section is to be by way of a rehearing of the Administrator's decision to impose the penalty.
(5) The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—
(a) matters of which the Administrator was unaware when he made his decision; and
(b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.
(6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section [Objections to civil penalties] has been given in respect of that penalty or whether there has been an increase or reduction under that section.
(7) In this section "the court" means—
(a) in England and Wales or Northern Ireland, the High Court; and
(b) in Scotland, the Court of Session.'.—[Mr. Timms.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 15
'(1) In this Chapter—
"Administrator" means the person appointed by virtue of section [The Administrator] as the Administrator for the purposes of provision made by or under this Chapter;
"biofuel" means liquid or gaseous fuel that is produced wholly from biomass;
"blended biofuel" means liquid or gaseous fuel consisting of a blend of biofuel and fossil fuel;
"civil penalty notice" has the meaning given by section [Imposition of civil penalties](2);
"renewable transport fuel" means—
(a) biofuel;
(b) blended biofuel;
(c) any solid, liquid or gaseous fuel (other than fossil fuel or nuclear fuel) which is produced—
(i) wholly by energy from a renewable source; or
(ii) wholly by a process powered wholly by such energy; or
(d) any solid, liquid or gaseous fuel which is of a description of fuel designated by an RTF order as renewable transport fuel;
"renewable transport fuel obligation" has the meaning given by section [Imposition of renewable transport fuel obligations](1);
"RTF order" has the meaning given by section [Imposition of renewable transport fuel obligations](3);
"specified" means specified in, or determined in accordance with, an RTF order;
"supply" means, in relation to fuel, the supply of that fuel to any person with a view to its being used (whether by that person or persons to whom it is subsequently supplied) wholly or primarily for transport purposes;
"transport fuel" means—
(a) renewable transport fuel;
13 Jul 2004 : Column 1344
(b) fossil fuel; or
(c) any solid, liquid or gaseous fuel that is neither renewable transport fuel nor fossil fuel;
"transport fuel supplier" means a person who, in the course of any business of his, supplies transport fuel at or for delivery to places in the United Kingdom.
(2) For the purposes of this section a process powered by electricity that was generated by energy from a particular source is to be treated as being powered by energy from that source.
(3) For the purposes of this section fuel is used for transport purposes if—
(a) it is used as fuel for one or more of the following, namely, vehicles, vessels, aircraft, trains or any other mode of transport; or
(b) it is used for producing fuel that is intended to be so used.
(4) In this section—
"biomass" means the biodegradable portion of a specified product, waste or residue;
"fossil fuel" has the same meaning as in section 32 of the 1989 Act;
"renewable source" means, in relation to energy, any of the following sources of energy—
(a) wind;
(b) solar heat;
(c) water (including waves and tides);
(d) geothermal sources; or
(e) biomass.'.—[Mr. Timms.]
Brought up, read the First and Second time, and added to the Bill.
| Next Section | Index | Home Page |