CRC: Environment Agency sheds light on how it will enforce the scheme | Practical Law

CRC: Environment Agency sheds light on how it will enforce the scheme | Practical Law

The Environment Agency has commented on how it might enforce against organisations that have not registered as participants in the CRC Energy Efficiency Scheme by the 30 September 2010 deadline, in an interview to the press on 27 August 2010.

CRC: Environment Agency sheds light on how it will enforce the scheme

Practical Law UK Legal Update 2-503-2938 (Approx. 3 pages)

CRC: Environment Agency sheds light on how it will enforce the scheme

by PLC Environment
Published on 10 Sep 2010UK
The Environment Agency has commented on how it might enforce against organisations that have not registered as participants in the CRC Energy Efficiency Scheme by the 30 September 2010 deadline, in an interview to the press on 27 August 2010.

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The Environment Agency has commented on how it might enforce against organisations that have not registered as participants in the CRC Energy Efficiency Scheme by the 30 September 2010, in an interview to the press on 27 August 2010.
Tony Grayling, who is the head of climate change and sustainable development at the Environment Agency (EA) and the lead official in charge of administrating the CRC Energy Efficiency Scheme (CRC), has provided some interesting insights into how the EA might or might not enforce against organisations that have not registered as participants in the scheme by the 30 September 2010 deadline (see Preparing for the CRC, Guardian, 27 August 2010).
When asked if the EA is expecting a "flurry of fines" for organisations that have missed the 30 September 2010 deadline, he replied:
"Our aim is that there won't be a need to fine anyone for not registering. Our clear message is that if you're making genuine efforts to comply with registration you shouldn't have any fear of facing civil penalties. Obviously on the other hand if you've got large organisations who should know better deliberately not registering then in the end we would pursue them, but that is not our agenda at the present time."
The EA issued a newsletter on 29 July 2010 (see Legal update, CRC: Environment Agency is concerned that organisations are delaying registering) stating as follows:
"Do not delay registration even if your information is not fully accurate. We urge all organisations to register as soon as possible before the 30th September. We will work with you to resolve any errors in the information you supply. This will not affect your compliance."
When asked about this newsletter, Grayling replied:
"We don't want companies and public sector organisations to submit inaccurate information. The message we're trying to get across is that if you [are] making genuine efforts to work with us to submit accurate information then we won't be pursuing you for civil penalties. We do accept that some companies may inadvertently make mistakes in their submissions and we'll work with them to correct those."
There has been speculation as to whether the new coalition government will scrap the scheme. PLC is not aware of any indications from either the EA or the government that the scheme will be scrapped. However, the Minister for Energy and Climate Change has said (see Government press release):
"My message to businesses today is to register now. I understand the original complexity of the scheme may have deterred some organisations and I want to hear suggestions as to how we can make the scheme simpler in the future."
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